HOUSE OF REPRESENTATIVES

H.R. NO.

79

TWENTY-THIRD LEGISLATURE, 2005

 

STATE OF HAWAII

 
   


HOUSE RESOLUTION

 

opposing the pROPOSED TRANSFER OF THE WAIAHOLE VALLEY AGRICULTURAL PARK AND RESIDENTIAL LOTS SUBDIVISION FROM the housing and community development corporation to the department of hawaiian homelands.

 

 

WHEREAS, the Board of Directors of the Housing and Community Development Corporation of the State of Hawaii (HCDCH) voted to approve the transfer of its fee simple ownership of real property situated within the Waiahole Valley Agricultural Park and Residential Lots Subdivision to the Department of Hawaiian Home Lands; and

WHEREAS, the farming and non-farming tenants in the Waiahole and Waikane Valleys valiantly struggled to resist eviction from their lands thirty years ago when a massive development project was proposed for the area; and

WHEREAS, the farming and non-farming tenants of the valleys sought to preserve the integrity of their community and the community's unique and rich traditions and ways of life; and

WHEREAS, these tenants unified in their mission to preserve the lifestyle of the Waiahole and Waikane Valleys and the integrity of their community by founding and organizing themselves into the Waiahole-Waikane Community Association (WWCA) over thirty years ago; and

WHEREAS, the WWCA at its inception, and in its present composition, is comprised of persons from a multitude of ethnicities who are united in the desire for preservation of their way of life; and

WHEREAS, the WWCA has long spearheaded efforts to protect the natural resources of the Waiahole and Waikane Valleys; and

WHEREAS, in 1998, the WWCA negotiated an agreement with the State and its members, thereby ensuring security for the families in Waiahole Valley by providing for long-term leases for the residential and agricultural lots in the community; and

WHEREAS, the 1998 agreement established HCDCH as the lessor of the Waiahole Valley Agricultural Park and Residential Lots Subdivision; and

WHEREAS, the Hawaiian Home Lands Act prohibits the Department of Hawaiian Home Lands from administering residential leases for non-Hawaiians; and

WHEREAS, the majority of WWCA lessees maintain residential lots and those lessees on agricultural lots all have at least 5,000 square feet of their land zoned as residential; and

WHEREAS, the mission of the Department of Hawaiian Home Lands and its fiduciary duty to its beneficiaries conflicts with the preservation and integrity of the Waiahole Valley Agricultural Park and Residential Lots Subdivision; and

WHEREAS, DHHL's fiduciary duty to its beneficiaries is compromised by the expenditure of monies that benefit non-Hawaiians; and

WHEREAS, HCDCH, in conjunction with the proposed transfer, has commenced an aggressive and drastic campaign to evict WWCA members from their lands for insubstantial reasons; and

WHEREAS, the WWCA firmly believes that over time DHHL, in fulfilling its mission to place persons of Hawaiian ethnicity on residential lands, will seek to evict lessees from their residential lands; and

WHEREAS, DHHL has already expressed interest in refurbishing the Waiahole water system, and, in fulfilling its duty to maximize revenue on its lands, will likely divert water from Waiahole Valley to its properties in Kapolei and to other areas and entities against the wishes of the community; and

WHEREAS, the proposed transfer of the Waiahole Valley Agricultural Park and Residential Lots Subdivision from HCDCH to DHHL conflicts with the intent and language of section 37-74(d), Hawaii Revised Statutes; and

WHEREAS, HCDCH did not give formal notice to its lessees of its proposal to abdicate its responsibilities in the Waiahole Valley Agricultural Park and Residential Lots Subdivision to DHHL, in violation of the State's Administrative Procedures Act; and

WHEREAS, the Declaration of Covenants in the 1998 agreement between the State and WWCA members conflicts with the proposed transfer to DHHL; and

WHEREAS, the proposed transfer will necessitate restructuring of the long term leases secured by WWCA members and that the consequences of these lease amendments are unknown; and

WHEREAS, the WWCA was not provided any information or notice about the proposed transfer of lands in the Waiahole Valley Agricultural Park and Residential Lots Subdivision prior to the actions of the HCDCH and DHHL boards of directors; and

WHEREAS, the Director of DHHL publicly informed members of the WWCA that DHHL would not go where it was not wanted; and

WHEREAS, WWCA members are unanimous in their opposition to the proposed transfer; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that the House of Representatives opposes the proposed transfer of the Waiahole Valley Agricultural Park and Residential Lots Subdivision from HCDCH to DHHL; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Board of Directors of the Housing and Community Development Corporation of the State of Hawaii and the Director of the Department of Hawaiian Homelands.

 

 

OFFERED BY:

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Report Title:

Proposed Transfer of Waiahole Valley Agricultural Park and Residential Lots subdivision; oppose