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Mayor Kim's use of the phrase "mustard gas" was incorrect, I think everyone here knows that but it'll become viral in social media, I have little doubt about that. Way to go, mayor, for providing yet more ammunition to be used against the TMT and current astronomy on the island - even if there is no truth behind it.
As for who owns the road, it's irrelevant. I don't think the protesters care if it's owned by DHHL, the state or whoever. County police still have jurisdiction on DHHL land, this is just a sideline issue that Kahele has brought up for his own reasons.
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Kahele wants the whole mountain under new management ran by Hawaiians.
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Frank - I'm surprised, no one from this group addressed, tore apart, or generally ripped up this...
https://www.bigislandvideonews.com/2019/...-timeline/
One of the interesting points in the history is that the land swap / $5 million payout didn't happen because the Attorney General at the time said that it didn't need to. There was a legal opinion that the State followed and now needs to defend or amend.
However given the requirements of Act 14, the Department of Interior has a role to play in approving any land exchanges, so hopefully the Feds will soon get involved. One of the silver linings (that DHHL fears given how often it came up in the hearing) is the Feds coming in and ending all these entitlements as being race-based (HHCA is a Federal act administered by the State). As there is no Federally recognized indigenous group (by their own desire), the Feds at some point could either hasten that process of that recognition, or undo all the entitlement programs like DHHL, OHA, Kam schools, etc...
Things clearly aren't working currently so cleaning house (bull in a chinashop style) may be for the best.
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I don’t see how Hawaii’s racial purity laws “50%” would survive SCOTUS
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From a civil beat article today
Kai Kahele Circus Trick—Falsely Claims control over Mauna Kea Access Road
KITV: … A dispute over which state entity has jurisdiction of Mauna Kea Access road (political trick by Kai Kahele, who thinks this crap will get him elected to Congress) heated up at the State Capitol Wednesday.
The State Department of Transportation controls the road. That's the area where demonstrators opposing the building of a Thirty Meter Telescope have held ground since last month.
Lawmakers grilled the Department of Hawaiian Homelands stating, documents that shows the road is within DHHL's jurisdiction.
That would mean DOT does not have the authority to restrict access and enforce closures.
In 1995, Act 14 was passed. The land claim settlement allowed the state to acquire control over DHHL land if the department formally exchanged it.
(As always, a trick involving a no obscure law nobody has thought about in 24 years. BTW the Hawaiian Kingdom was overthrown so you don’t have to pay your house note.)
On Wednesday, DHHL chair Bill Aila admitted to lawmakers an exchange never occurred.
"We are in the process of resolving this right now by convening the parties. The governor has made it a priority. I cannot go back in time. I can only do what is in front of me so that's where we're at," Chair Aila said ….
"Without that compliance of Act 14, the state of Hawaii cannot claim title to Maunakea Access Road.That road belongs to the beneficiaries and the Hawaiian Homes Commission Act," State Senator Kai Kahele said (trying not to snicker).
The apparent (illusory) legal loophole attracted crowds to the hearing. Students from O'ahu charter schools (OHA funded) filled the halls monitoring what was being said inside the packed hearing….
(Lying thru his teeth,) Kahele tells KITV4, if its determined DHHL still holds control the law would protect a portion of demonstrators protesting on Hawai'i Island.
"I would argue (wow) that any beneficiary that's defined by the Hawaiian Homes Commission Act which basically says if you are at least 50% Hawaiian blood quantum that you have every right to be on Maunakea Access Road," said Sen. Kahele….
SA: DHHL itself is not asserting ownership. Its official written statement: “Mauna Kea Access Road is a public road under the control and jurisdiction of the state Department of Transportation (DOT). It is Route 210 in the DOT’s State Highway System.” But will its beneficiaries lay a claim?
HTH: “The secretary of the interior never signed off on any land exchange, and that’s something you’re required to do.” – Kai Kahele, lying
SA: The Attorney General’s office says operational control over the road still resides with the Department of Transportation (Reality bites)
HPP
HPP
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dan_d wrote:
"From a civil beat article today"
What Civil Beat article? I see something from "Hawaii Free Press" you may be copying, but it seems most of the article is from KITV.
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Ironyak...One of the interesting points in the history is that the land swap / $5 million payout didn't happen because the Attorney General at the time said that it didn't need to.
Any Idea as to what rational is behind the rendering of "it didn't need to" by the Attorney General?
Ironyak...entitlement programs like DHHL, OHA, Kam schools, etc...
Entitlements?? I was of the assumption that these programs, DHHL, OHA, are grounded in Trusts for a once sovereign people. The International community recognized Hawaii as a sovereign Nation, which can not be said other indigenous peoples of our Nation
Kam schools are an entitlement? I recall the schools being started in 1887 via Princess Bernice Bishop's wishes...Bishop Estate is an entitlement?
Ironyak...There was a legal opinion that the State followed and now needs to defend or amend.Things clearly aren't working currently
I'm in total agreement...
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I was of the assumption that these programs, DHHL, OHA, are grounded in Trusts for a once sovereign people.
DHHL:
The Department of Hawaiian Home Lands is governed by the Hawaiian Homes Commission Act of 1920, enacted by the U.S. Congress to protect and improve the lives of native Hawaiians. The act created a Hawaiian Homes Commission to administer certain public lands, called Hawaiian home lands, for homesteads.
OHA:
...was established during the 1978 state constitutional convention
"I'm at that stage in life where I stay out of discussions. Even if you say 1+1=5, you're right - have fun." - Keanu Reeves
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quote:
Originally posted by HereOnThePrimalEdge
I was of the assumption that these programs, DHHL, OHA, are grounded in Trusts for a once sovereign people.
DHHL:
The Department of Hawaiian Home Lands is governed by the Hawaiian Homes Commission Act of 1920, enacted by the U.S. Congress to protect and improve the lives of native Hawaiians. The act created a Hawaiian Homes Commission to administer certain public lands, called Hawaiian home lands, for homesteads.
OHA:
...was established during the 1978 state constitutional convention
eta...structure
thanks for the clarification...words mean something
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IRONYAK , from your post above, very informative , thank you
"One of the interesting points in the history is that the land swap / $5 million payout didn't happen because the Attorney General at the time said that it didn't need to. There was a legal opinion that the State followed and now needs to defend or amend"
Does not look to me like they are choosing to defend........
HPR NEWS 8-17-19
"The transportation department built the Mauna Kea Access Road over Department of Hawaiian Home Lands property without permission about 50 years ago. The state never executed a land transfer as part of a $600 million agreement in 1995 to compensate for the misuse of Hawaiian home lands, said Home Lands Director William Aila.
The transportation department maintains operational control over the road
despite the lack of compensation 24 years later, the state attorney general's office said.
Democratic Gov. David Ige's administration is working to ensure the land swap is completed, Aila said.
Without the land exchange, the state breached the agreement and cannot claim title to the access road or stop protests there, Kahele said.
"That road belongs to the beneficiaries of the Hawaiian Homes Commission Act," Kahele said.
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