Jennifer Wada at 08:20, 28 May 2006

2006-05-28T08:20:02Z

Reid Ginoza at 22:51, 10 March 2006

2006-03-10T22:51:56Z

New page

totaling 456 acres as Home
lands that were not included in
the blue book.
6. There are Home lands which have
been withdrawn from use by DHHL
under various Governor's
Executive Orders. As discussed
in detail elsewhere in this
report, the Attorney General
and the courts have ruled that
the Governor's Executive Order
powers do not apply to Home
lands; therefore, the
withdrawals were not legal.
The Akinaka Study and the DHHL
blue book have excluded some of
the acreage covered by
Executive Orders. For example,
1,356 acres set aside by
Executive Orders 382 on January
• 21, 1930 and 599 on December
22, 1933, are not included in
either the Akinaka Study or the
DHHL blue book. These lands in
Lualualei, on the island of
Oahu, are used by the United
States Navy as part of radio
transmitting station and an
ammunition depot.
7. The Akinaka Study included 40
acres in Kealakehe and 48 acres
in Milolii which represented
acreage to be obtained in an
exchange that was never
consummated.
8. The tax maps show three parcels
of land totaling approximately
148 acres of State of Hawaii
lands. According to a Deputy
Attorney General it appears
that the parcels should be Home
lands. The parcels were
returned to the control of the
Commissioner of Public Lands of
the Territory of Hawaii to be
used for the Molokai Airport.
under Hawaiian Homes Commission
Resolution 61, October 12,
383
1938, and Resolution 77, May
13, 1942. The parcels were not
included in the DHHL blue book
inventory of public lands.
9. One parcel of Home lands is now
under private ownership and no
lands were received by the
Commission in exchange. The
land consisting of 8 acres was
withdrawn under Governor's
Executive Order 545 for a tree
nursery and forest ranger
station. Then in 1947, the
Territory Board of Public Lands
included the land in a larger
parcel of land exchanged for
private-owned land to be
included in the Kohala Forest
Reserve. The DHHL land records
do not include the exchanged
lands in the Home lands
inventory.
10. The Act's use of the term "more
or less" has created problems.
For Home lands in an area where
the acreage received by DHHL
was less than the acreage
provided by the Act no
adjustment was made. To
illustrate, in the area of
Kalaupapa on the island of
Molokai, DHHL received only
1,247 of the 5,000 acres "more
or less" mentioned in the Act
because the area contained only
this amount of acreage. On the
other hand, when the available
acreage was more than the
acreage mentioned in the Act,
such as was the case in the
Kawaihae I area on the island
of Hawaii, DHHL did not receive
the benefit of all of the
acreage in excess of the Act
amount. For the Kawaihae I
area, DHHL was informed by the
Attorney General in a July 19,
1966 memorandum that because
the area of Kawaihae I

@@ Line 1: / Line 1: @@
-totaling 456 acres as Home
+:totaling 456 acres as Home lands that were not included in the blue book.
 lands that were not included in
-the blue book.
+:6. There are Home lands which have been withdrawn from use by DHHL under various Governor's Executive Orders. As discussed in detail elsewhere in this report, the Attorney General and the courts have ruled that the Governor's Executive Order powers do not apply to Home lands; therefore, the withdrawals were not legal. The Akinaka Study and the DHHL blue book have excluded some of the acreage covered by Executive Orders. For example, 1,356 acres set aside by Executive Orders 382 on January 21, 1930 and 599 on December 22, 1933, are not included in either the Akinaka Study or the DHHL blue book. These lands in Lualualei, on the island of Oahu, are used by the United States Navy as part of radio transmitting station and an ammunition depot.
 . There are Home lands which have
-been withdrawn from use by DHHL
+:7. The Akinaka Study included 40 acres in Kealakehe and 48 acres in Milolii which represented acreage to be obtained in an exchange that was never consummated.
 under various Governor's
-Executive Orders. As discussed
+:8. The tax maps show three parcels of land totaling approximately 148 acres of State of Hawaii lands. According to a Deputy Attorney General it appears that the parcels should be Home lands. The parcels were returned to the control of the Commissioner of Public Lands of the Territory of Hawaii to be used for the Molokai Airport under Hawaiian Homes Commission Resolution 61, October 12, 383 1938, and Resolution 77, May 13, 1942. The parcels were not included in the DHHL blue book inventory of public lands.
 in detail elsewhere in this
-report, the Attorney General
+:9. One parcel of Home lands is now under private ownership and no lands were received by the Commission in exchange. The land consisting of 8 acres was withdrawn under Governor's Executive Order 545 for a tree nursery and forest ranger station. Then in 1947, the Territory Board of Public Lands included the land in a larger parcel of land exchanged for private-owned land to be included in the Kohala Forest Reserve. The DHHL land records do not include the exchanged lands in the Home lands inventory.
 and the courts have ruled that
-the Governor's Executive Order
+:10. The Act's use of the term "more or less" has created problems. For Home lands in an area where the acreage received by DHHL was less than the acreage provided by the Act no adjustment was made. To illustrate, in the area of Kalaupapa on the island of Molokai, DHHL received only 1,247 of the 5,000 acres "more or less" mentioned in the Act because the area contained only this amount of acreage. On the other hand, when the available acreage was more than the acreage mentioned in the Act, such as was the case in the Kawaihae I area on the island of Hawaii, DHHL did not receive the benefit of all of the acreage in excess of the Act amount. For the Kawaihae I area, DHHL was informed by the Attorney General in a July 19, 1966 memorandum that because the area of Kawaihae I
-powers do not apply to Home
+{{p|383}}

Template:Nhsc-v1-383 - Revision history

Jennifer Wada at 08:20, 28 May 2006

Reid Ginoza at 22:51, 10 March 2006