Jennifer Wada at 08:39, 28 May 2006

2006-05-28T08:39:52Z

Reid Ginoza at 22:52, 10 March 2006

2006-03-10T22:52:13Z

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consisted of more than 10,000
acres and the Commission did
not make a selection from the
acreage available, the grants
of public lands in the area
were valid. The Act, however,
provided that the Commission
must make selections of land in
only three areas and Kawaihae I
was not one of these. Thus,
public grants were made of
lands in the Kawaihae I area
for which DHHL may have a claim
because they did not acquire
the total acreage mentioned in
the Act. The present Deputy
Attorney General stated that
the 1966 opinion would be
reviewed.
There are two major reasons for
DHHL not establishing a current and
accurate inventory of Home lands for
which it is the trustee. First, DLNR
never established a current and
comprehensive inventory of the State,
public, and Home lands. Until 1966,
DLNR administered the Home lands that
we're not yet homesteaded. DHHL began
assuming full responsibility for all
Home lands in 1965 but did not receive
an accurate, current, and
comprehensive inventory of the lands
from DLNR. Second, due to limited
financial resources and other
priorities, DHHL has not expended the
resources necessary to establish a
complete, accurate, and comprehensive
land inventory.
According to the Akinaka Study,
there remain Home lands for which
boundaries and areas are based on very
early surveys and determinations and
until such lands are accurately
resurveyed, doubts will necessarily
linoer as to the true boundaries and
acreages of the available lands. A
rouqh estimate by DHHL is that 40
percent of these lands have not been
accurately surveyed.
Land Withdrawals
There needs to be an aggressive and
accelerated approach to resolve the
i s s u e of Home lands which have been
withdrawn for public use. According
to DHHL there are approximately 17,270
acres of Home lands that are being
used by Federal, State, and county
governments for public purposes.
Approximately 13,600 acres of these
lands have been withdrawn under
Governor's Executive Orders (GEO's)
issued by the T e r r i t o r i a l and State
Governors.
The State of Hawaii Attorney
General has determined that the GEO
powers did not extend to Home lands;
t h e r e f o r e , the withdrawals were not in
accordance with the Act. This opinion
was confirmed in a court case
involving Home lands withdrawn for the
General Lyman Airport on the island of
Hawaii. According to DHHL records,
the Home lands under GEO's and their
use are as follows:
Public Service Acres
Airports
Schools
Parks
Forest/Conserva
Game Reserve
Public Service
Right of Way
Military
tion
176
17
30
767
11,123
128
4
1,356
13,601
Although the Attorney General in
1975 issued the opinion that GEO
powers were not applicable to Home
lands, DHHL, because of limited
resources, has not made the effort
necessary to identify all lands that
have been withdrawn for public use,
determine the issues related to the
withdrawals, and develop recommendations
for the Commission to consider
in determining the course of action to
384

@@ Line 1: / Line 1: @@
-consisted of more than 10,000
+:consisted of more than 10,000 acres and the Commission did not make a selection from the acreage available, the grants of public lands in the area were valid. The Act, however, provided that the Commission must make selections of land in only three areas and Kawaihae I was not one of these. Thus, public grants were made of lands in the Kawaihae I area for which DHHL may have a claim because they did not acquire the total acreage mentioned in the Act. The present Deputy Attorney General stated that the 1966 opinion would be reviewed.
 acres and the Commission did
 There are two major reasons for
 DHHL not establishing a current and
@@ Line 37: / Line 20: @@
 complete, accurate, and comprehensive
 land inventory.
 According to the Akinaka Study,
 there remain Home lands for which
@@ Line 43: / Line 27: @@
 until such lands are accurately
 resurveyed, doubts will necessarily
-linoer as to the true boundaries and
+linger as to the true boundaries and
 acreages of the available lands. A
-rouqh estimate by DHHL is that 40
+rough estimate by DHHL is that 40
 percent of these lands have not been
 accurately surveyed.
 Land Withdrawals
 There needs to be an aggressive and
 accelerated approach to resolve the
-i s s u e of Home lands which have been
+issue of Home lands which have been
 withdrawn for public use. According
 to DHHL there are approximately 17,270
@@ Line 60: / Line 46: @@
 lands have been withdrawn under
 Governor's Executive Orders (GEO's)
-issued by the T e r r i t o r i a l and State
+issued by the Territorial and State
 Governors.
 The State of Hawaii Attorney
 General has determined that the GEO
 powers did not extend to Home lands;
-t h e r e f o r e , the withdrawals were not in
+therefore, the withdrawals were not in
 accordance with the Act. This opinion
 was confirmed in a court case
@@ Line 73: / Line 60: @@
 the Home lands under GEO's and their
 use are as follows:
 Public Service Acres
-Airports
+{|
-Schools
+|-
-Parks
+| <u>Public Service</u>
-Forest/Conserva
+| <u>Acres</u>
-Game Reserve
+|-
-Public Service
+| Airports
-Right of Way
+| 176
-Military
+|-
-tion
+| Schools
+| 17
+|-
+| Parks
+| 10
-,123
+|-
+| Forest/Conservation
+| 767
-,356
+|-
-,601
+| Game Reserve
 Although the Attorney General in
 issued the opinion that GEO
@@ Line 103: / Line 105: @@
 for the Commission to consider
 in determining the course of action to
+{{p|384}}

Template:Nhsc-v1-384 - Revision history

Jennifer Wada at 08:39, 28 May 2006

Reid Ginoza at 22:52, 10 March 2006