Reid Ginoza at 18:47, 4 June 2006

2006-06-04T18:47:43Z

Reid Ginoza at 22:49, 10 March 2006

2006-03-10T22:49:52Z

New page

The Attorney General
(State of Hawaii) has ruled
that certain DHHL lands
were i l l e g a l l y set aside by
Governor's Executive
Orders. A State Court
confirmed t h i s . Progress
on resolving this s i t u a tion,
either by exchange of
lands or by receiving
compensation, is moving very
slowly. Except in two cases,
there does not appear to be a
concerted effort to resolve
t h i s problem. Although the
l i s t i n g of lands set aside
under Governor's Executive
orders was not complete, DHHL
had identified approximately
13,600 acres set aside under
such orders. The lands are
being used by Federal, State,
and county agencies for purposes
such as public
a i r p o r t s , defense i n s t a l l a t
i o n s , schools, parks, or
forest and game reserves.
DHHL has been working on two
cases of land withdrawals
involving an airport in Hilo
and a flood control project.
The airport case has resulted
in a general lease providing
for a one-time payment of
$401,185 for past use and an
annual rental of $481,422.
The other case will apparently
be resolved with a land
exchange.
There have been seven land
exchanges under provisions of
the Act, a l l of which were
approved by the (then)
Secretary of the I n t e r i o r.
Two of the exchanges,
involving 194 acres, were on
an acre-for-acre basis, but
we were unable to find any
appraisals to support that
the exchanqes were on the
basis of equal value as
required by the Act. A
t h i rd exchange of 268
acres of Home lands for
about 5,078 acres of State
lands was based on tax
assessment values of
d i f f e r i n g periods. The
Home landd were valued
primarily on 1962
assessments while State
lands were valued on 1966
assessments. In addition,
available records did not
show whether retention of
mineral rights by the
State was considered in
e s t a b l i s h i n g "equal"
values.
2. The objective of enabling
native Hawaiians to recapture
possession and control of the land has
not progressed rapidly during the 60
years of the Act's existence. Only 20
percent of the lands made available by
the Act are now in the possession of
or used by native Hawaiians. There
are over 7,000 native Hawaiian
applicants on the homestead
e l i g i b i l i t y l i s t s and some of the
applicants have been on the l i s t s for
as long as 30 years. The State of
Hawaii has provided over $42 million
in funds during the past 5 years in
addition to the funds generated by the
Commission mainly from leases and
i n t e r e s t s on lease proceeds. Prior to
1973, the amount of funds provided by
the State or Territory from outside of
the Commission was i n s i g n i f i c a n t.
377

@@ Line 1: / Line 1: @@
-The Attorney General
+: b. The Attorney General (State of Hawaii) has ruled that certain DHHL lands were illegally set aside by Governor's Executive Orders. A State Court confirmed this. Progress on resolving this situation, either by exchange of lands or by receiving compensation, is moving very slowly. Except in two cases, there does not appear to be a concerted effort to resolve this problem. Although the listing of lands set aside under Governor's Executive orders was not complete, DHHL had identified approximately 13,600 acres set aside under such orders. The lands are being used by Federal, State, and county agencies for purposes such as public airports, defense installations, schools, parks, or forest and game reserves. DHHL has been working on two cases of land withdrawals involving an airport in Hilo and a flood control project. The airport case has resulted in a general lease providing for a one-time payment of $401,185 for past use and an annual rental of $481,422. The other case will apparently be resolved with a land exchange.
 (State of Hawaii) has ruled
-that certain DHHL lands
+: c. There have been seven land exchanges under provisions of the Act, all of which were approved by the (then) Secretary of the Interior. Two of the exchanges, involving 194 acres, were on an acre-for-acre basis, but we were unable to find any appraisals to support that the exchanges were on the basis of equal value as required by the Act. A third exchange of 268 acres of Home lands for about 5,078 acres of State lands was based on tax assessment values of differing periods. The Home lands were valued primarily on 1962 assessments while State lands were valued on 1966 assessments. In addition, available records did not show whether retention of mineral rights by the State was considered in establishing "equal" values.
-were i l l e g a l l y set aside by
 . The objective of enabling
 native Hawaiians to recapture
@@ Line 78: / Line 13: @@
 are over 7,000 native Hawaiian
 applicants on the homestead
-e l i g i b i l i t y l i s t s and some of the
+eligibility lists and some of the
-applicants have been on the l i s t s for
+applicants have been on the lists for
 as long as 30 years. The State of
 Hawaii has provided over $42 million
@@ Line 85: / Line 20: @@
 addition to the funds generated by the
 Commission mainly from leases and
-i n t e r e s t s on lease proceeds. Prior to
+interests on lease proceeds. Prior to
 , the amount of funds provided by
 the State or Territory from outside of
-the Commission was i n s i g n i f i c a n t.
+the Commission was insignificant.
+{{p|377}}

Template:Nhsc-v1-377 - Revision history

Reid Ginoza at 18:47, 4 June 2006

Reid Ginoza at 22:49, 10 March 2006