THE SENATE

S.C.R. NO.

160

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

REQUESTING AN INVESTIGATION INTO THE TRANSACTIONS CONCERNING THE HELANI CHURCH LOT BY Mokuaikaua Church AND THE TREATMENT OF HUMAN REMAINS FOUND ON THE LOT.

 

 


     WHEREAS, there is a certain parcel of property located on the Island of Hawaii, designated as the Helani Church Lot, situate at Kahaluu, North Kona, Hawaii, identified as Tax Map Key No. (3) 7-8-14:45 (the "Helani Church Lot"); and

 

     WHEREAS, the Helani Church Lot is currently owned by Mokuaikaua Church (Congregational), a Hawaii nonprofit corporation ("Mokuaikaua Church"); and

 

     WHEREAS, the Helani Church Lot is the site of the former Helani Church and contains an old church cemetery and numerous graves; and

 

     WHEREAS, in 1850, the Helani Church Lot was originally given to the Board of Education of the State of Hawaii by King Kalakaua for religious and educational purposes; and

 

     WHEREAS, the early Missionaries established a school in 1853 and also conducted regular church services on the Helani Church Lot until 1967; and

 

     WHEREAS, the State of Hawaii sold the Helani Church Lot to the United Congregational and Evangelical Churches of Mokuaikaua and Helani ("United Congregational"), a Hawaii nonprofit corporation; and

 

     WHEREAS, the Legislature finds that, in 1979, Mokuaikaua Church acquired the Helani Church Lot from United Congregational pursuant to a Quitclaim Deed, dated March 15, 1979, recorded in the Bureau of Conveyances of the State of Hawaii, which Quitclaim Deed contained a provision stating that the grant was subject to the requirement that "[t]he real property shall be used by the Grantee or its affiliated or successor religious organizations for religious, educational and related uses" and that, "[s]hould the Grantee or its affiliated or successor religious organizations fail and/or cease to use said real property for religious, educational and related uses, title in and to the property shall revert back to the State of Hawaii"; and

 

     WHEREAS, in 1985, Mokuaikaua Church entered into an arrangement with Richard W. Clark and Patricia M. Clark (the "Clarks"), whereby the Clarks would lease the Helani Church Lot to Mokuaikaua Church and purchase in fee other adjacent or adjoining property from Mokuaikaua Church, in order for the Clarks to construct a condominium project; and

 

     WHEREAS, as part of the agreement regarding the condominium project, Mokuaikaua Church conveyed the Helani Church Lot to the Clarks, and the Clarks were to subdivide the Helani Church Lot from the adjoining property and then reconvey the Helani Church Lot to Mokuaikaua Church, none of which was done by the Clarks; and

 

     WHEREAS, the Clarks mortgaged the Helani Church Lot, which was subsequently foreclosed upon by the Clarks' mortgagees when the Clarks defaulted on their loans; and

 

     WHEREAS, the Clarks' mortgagees filed suit foreclosing on their liens, including the liens on the Helani Church Lot, pursuant to Merle v. Clark, Civil 87-0662, filed in the Third Circuit Court of the State of Hawaii (Kona Division); and

 

     WHEREAS, Mokuaikaua Church subsequently settled its claims with the Clarks' mortgagees, with Mokuaikaua Church receiving a release of the Clarks' mortgages on the Helani Church Lot, together with a quitclaim deed to the Helani Church Lot from the commissioner of the foreclosure action, and which settlement required Mokuaikaua Church to perform other actions (including subdividing the Helani Church Lot from other property where the condominium project was located); and

 

     WHEREAS, the Legislature finds that, since that time, the Helani Church Lot and the improvements thereon have further deteriorated and, although Mokuaikaua Church members and community members have attempted to clear debris from the property, there are reports of squatters erecting tents in the overgrown trees and brush; and

 

     WHEREAS, in August 2008, Kahu Derek Napoleon of Mokuaikaua Church sent out a newsletter to his congregation confirming that there are burials on the property, but called the ruins of the old church "dangerous" and that the Mokuaikaua Church intended to tear it down and "revive" the property and use it for worship, prayer, and various other church and "community" events; and

 

     WHEREAS, it has been reported that all of the remains in the old cemetery have been disinterred and moved to another site on the Helani Church Lot; and

 

     WHEREAS, it has also been reported that a shallow grave was discovered years ago during an archaeological survey, but that it was not disturbed, and that the Church dug a hole and reburied the bones, claiming that the bones were likely those of a homeless person, but that the Church did not contact the Hawaii Island Burial Council; and

 

WHEREAS, the Legislature is troubled that this historic site is deteriorating and recognizes the need for the applicable state agencies to ensure the continued appreciation of this site; now, therefore,

 

     BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2009, the House of Representatives concurring, that the Department of Health, the Department of the Attorney General, and the Department of Land and Natural Resources, Hawaii Island Burial Council are requested to investigate the allegations regarding the shallow grave and the movement of remains from the old cemetery, and whether state law was complied with by Mokuaikaua Church; and

 

     BE IT FURTHER RESOLVED that the Attorney General is requested to investigate the sale of the Church Lot to Mokuaikaua Church and whether the terms of any of the conveyances or transactions resulted in a reversion of the Helani Church Lot to the State of Hawaii, and whether the State of Hawaii has any claims or interest in or to the Helani Church Lot; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Attorney General, the State Historic Preservation Officer of the Department of Land and Natural Resources, the Chair of the Hawaii Island Burial Council, and the Director of Health.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

HELANI CHURCH; INVESTIGATION INTO SALE AND TREATMENT OF REMAINS