Report Title:

North Kohala; Land Acquisition for Historic Preservation

 

Description:

Preserves a cluster of historical sites in North Kohala on the island of Hawaii by authorizing the department of land and natural resources to condemn the land adjacent to the Kohala Historical Sites State Monument. Allows the Mo`okini Luakini Corporation to protect and care for the Mo`okini Heiau. Effective 7/1/50. (SD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2249

TWENTY-FIRST LEGISLATURE, 2002

S.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to north kohala.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Act 166, Session Laws of Hawaii 1992, now codified as section 6E-38.5, Hawaii Revised Statutes, sought to preserve and protect a cluster of historical sites in North Kohala, on the island of Hawaii. The sites include the Mo`okini Luakini, Kamehameha birthsite, Kukuipahu Heiau, and the historical sites at Mahukona. The Kohala Historical Sites State Monument is a collection of those sites. The monument was also designated for educational and cultural purposes to be enjoyed by the public. The department of land and natural resources administers the monument.

When Act 166 was enacted, the Mo`okini Luakini, Kamehameha birthsite, and Kukuipahu Heiau were already owned by the State.

Act 166 further mandated that the following real property be included to ensure the unimpaired preservation of the visual, cultural, and historical aspect of the monument:

(1) Historical sites at Mahukona; and

(2) Any additional land surrounding all of the monument sites to preserve and protect them with adequate buffers and provide public access, including but not limited to those lands running along the coast between Huinamaka and Kalaelimukoko and those lands mauka of the Mo`okini Heiau encompassing the area formerly used for the housing of the Mo`okini priests and family gravesites.

The additional real property was to be acquired by the State through gifts or land exchanges and designated by the board of land and natural resources as part of the monument upon acquisition.

In the years following Act 166, the State made unsuccessful attempts to acquire the lands adjacent to the monument from the private owner through either a purchase or land exchange. These adjacent lands are necessary to provide public access to the monument as specified in Act 166.

In 1979, the Mo`okini Luakini Corporation was established as a nonprofit entity to promote, develop, and preserve the Mo`okini Heiau. Through the years, the Mo`okini Luakini Corporation has been dedicated to preserving the Mo`okini Heiau for educational and cultural purposes. The legislature finds that the Mo`okini Luakini Corporation is the most qualified organization to protect and care for the Mo`okini Heiau.

The legislature finds that the purchase of the lands adjacent to the monument is necessary to provide public access to the Kohala Historical Sites State Monument, including the Mo`okini Heiau. The legislature further finds that the State's acquisition of this land will protect the area by providing adequate buffers as authorized by Act 166.

The purpose of this Act is to acquire lands adjacent to the monument to provide public access to the Mo`okini Heiau and to protect this historical site by providing additional buffers. The legislature finds that the condemnation of these lands will greatly benefit the public. The legislature further finds that it would be in the public's interest to permit the Mo`okini Luakini Corporation to protect and care for the Mo`okini Heiau.

SECTION 2. The department of land and natural resources shall use its eminent domain powers to institute proceedings to purchase the lands adjacent to the Kohala Historical Sites State Monument as described as follows:

(1) A railroad right-of-way parcel, identified as tax map key number 5-6-01:27;

(2) A roadway access over and across parcels identified by tax map key numbers 5-5-05:04 and 55-05:02 to provide access to the Mo`okini Foundation parcel identified as tax map key number 5-5-05:03; and

(3) Existing graded roadway leading from the Mo`okini Foundation parcel to the Mo`okini Heiau parcel identified as tax map key number 5-5-5:20, between the Mo`okini Heiau and the Kamehameha birthplace parcel identified as tax map key number 5-5-5:06, and between the Kamehameha birthplace site and the Mo`okini Foundation parcel.

The acquisition of these lands is necessary to preserve, protect, and provide public access to these historical sites.

The Mo`okini Luakini Corporation is also authorized to protect and care for the Mo`okini Heiau site.

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2002-2003 to acquire lands adjacent to the Kohala Historical Sites State Monument.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. This Act shall take effect on July 1, 2050.