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____ ______ ______ __ __ __ __ .. ...... .................... ...................... .... ..... __ OFFICE Of HAWADAN AFFAIRS T(JIJchers MTh Aloha to Share We are looking for future tea hers campus, is taught in small groups who want to make a difference in the with supportive faculty. Observation lives of educationally at-risk and and field experience takes place in minority children. se lected public and private school If you have just been accepted s a classrooms. • full-time tuden't in the Univer ity of PETOM is sponsored by Hawai'i's Bachelor of Elementary Kamehameha School/Bishop Estate, Education or Professional Degree University of Hawai'i College of programs, you may qualify to enroll Education and the Hawai' i State in PETOM (PreService Education for Department of Education. Tuition Teachers of Minorities). support is available. For further I Course work, held mostly information please contact on the Kamehameha Schools Myra or Paula at 842-8800. KAMEHAMEHA CHOOLS/BERNI AUAHI BISHOP E TATE Ka Wai Ola 0 OHA BULK RATE OFFICE OF HAWAIIAN AFFAIRS U.S. POSTAGE 711 Kapiolani Blvd., Suite 500 PAID Honolulu. Hawaii Honolulu, Hawaii 96813-5249 Permit No. 298 MaUl homesteaders get property tax relie ................................page 1 Tackling the Hawaiian housing crisis ........................................page 3 OHA awards scholarships ........................................................ page 11 "Pohaku: Through Hawaiian Eves" .......................................... page 13 .. OFFICE OF HAWAllAN AFFAIRS Vol. 9 No.5 "The Livins Water of OHA· Mel (May) 1992 aui homesteaders granted tax relief by Christina Zarobe The bill signed into law by Mayor Linda were among those attending the ceremonial Hailed as a historic step toward achieving Crockett Lingle makes Maui the first county in signing of the bill last month. rights for Hawaiian homesteaders, Maui County the state to grant the exemption. Kanahele lauded the county council, Lingle, has exempted residential leases on Hawaiian Office of Hawaiian Affairs Trustees Kamaki A. and the residents of Maui for "meeting its moral homelands from real property taxes. Kanahele III and the Rev. Moses K. Keale Sr. and ethical obligations to its Native Hawaiian homestead populations" on Maui and Moloka'i. "It was a test of their strength of aloha," said Kanahele, who also serves as chairman of the OHA defending its interests State Council of Hawaiian Homestead Associations. "Although others may see this as racial and in kuleana quiet title actions discriminatory, surely, it was institutionalized racism that set into place the division of the by Ann L Moore has an interest in the land and this interest is Hawaiian nation as a whole by the blood quan- Trustees have approved up to $23,000 to called escheat. Escheated lands are those that tum law of 1920," he said. notify , answer and defend, in Circuit Court, revert to the government when there are no "This initial step by the wonderful people of kuleana lands that could escheat to the Office of legal heirs. Maui County attempts to remedy, as best they Hawaiian Affairs under Hawai'i law. (HRS In 1985 OHA successfully lobbied for a can as a county, what has never been 'equal 560:2-105.5 and 669-2(e)) change in the law, to require that such lands and justice for all,' " Kanahele said. Hawai 'i law requires that OHA be joined as a revert to OHA rather than the state. The law The State Council of Hawaiian Homestead defendant in any quiet title action brought under was changed with a stipulation that OHA devel- Associations represents 23 homestead commu- HRS 699-{e) when the claimed land is kuleana op a management plan that would have to be nities throughout the state with a membership and when the plaintiff has reason to believe that approved by the state Department of Land and of more than 28,000 Native Hawaiians. an owner died without a will and there was no Natural Resources. Keale, who discusses the topic in his column "taker" under Article 11 of the Hawai'i Probate The establishment of OHA's rights under that in this issue of Ka Wai Ola 0 OHA, called the Code. Before voting, trustees heard background law was a step forward. However, a problem practice of requiring property tax payments on information and justification for the expenditure remained - tracking all the quiet title actions Hawaiian homelands "unfair." presented by Linda Kawaiono Delaney, officer brought in the state of Hawai'i that involved "As homesteaders, Hawaiians cannot sell for the OHA Division of Land and Natural escheat land. their leasehold interests in the land. They can- Resources. The issue was addressed in 1991 when the not recoup any value or appreciation from the Delaney said that OHA is not going to try to law was again amended to require that OHA be land when they surrender their leases. They get part of any kuleana land where there are named as a party in all "quiet title" actions continued on page 4 legitimate heirs. OHA will go after only the part involving kuleana lands. Now, OHA must be of the land which would have escheated (been notified as a named party when a quiet title returned to) the state. action is undetaken. For 135 years, she said, Hawai'i probate laws Recently, OHA was narnErl in the first such action provided that kuleana lands without heirs revert- arrl is a'cxx..It to be nama:! in a secorrl action. ed to the adjoining land owner. The state also continued on page 16 Governor names review panel A chairman and four panel members have McDonald, Big Island farmer and retired teach- been named to the new Hawaiian Homes er, Warren C.R. Perry, Kaua'i attorney, and Claims Commission review panel by Gov. John Msgr. Charles A Kekumano of O'ahu. Waihee. The nominations will now go to the Panel members will serve until December Hawai'i senate for confirmation. 1995. Under terms of the act, panelists must be The panel will review claims by individuals residents of the state and no more than two against the state of Hawai'i for breach of the members may be from the same island. Hawaiian Home Lands Trust. The review panel will receive and then review The review panel was created under Act 323 the merits of claims by individuals against the by the 1991 Hawai'i legislature as part of the state. For the first year the panel will hear Governor's Action Plan to resolve long-standing claims. The panel will then go to the legislature, problems with the DHHL trust and the ceded during the 1993-94 session, with advisory opin- lands trust. ions on claims settlements. Final decisions for Four panel members were chosen for the resolutions of the individual claims will be by appointment by Waihee from a list of nominees action of the legislature. submitted by Native Hawaiian organizations. After the legislature acts, the panel will be The chair had to be either a former judge or a responsible for disbursement of any compensa- licensed attorney. tion awarded to claimants by the lawmakers. Peter Uholiho Trask, a Honolulu attorney, Anyone who turns down the legislature's rul- Photographer Lahe'ena<e Gay said the loca- was appointed chair of the review panel. ing on a claim will still have the option of pursu- tion of this Haleakala traveller's shrine Is The panel members are: Alexander A. S. ing. the matter through the courts. , protected as It appears to be the last such Akuna, Maui Police Department, Marie A. shrine left In the extinct Maul volcano. - •Ao' ao Elua (page 2) Rr::I Ww Olr::l 0 OOt' Mel (May) 1992 March 25 letter from Lela Hubbard about H- 3; also a letter from Desiree T. Leong about financial assistance. ORA Board Business by Ann. L Moore March 27 letter from Jim Anthony of the Hawai'i-Laieikawai Association Inc. about sacred sites in the path of the H-3. The monthly meeting of the Board of the United States Savings Bond campaign; a let- Trustees of the Office of Hawaiian Affairs took ter from the State Ethics Commission about the report place March 31 in the conference room of the use of frequent flyer credits by state officials and On a motion by Kanahele, second by 'Aiona, OHA offices at 711 Kapi'olani Blvd., .Honolulu. employees. the report from Chairman Hee to trustees was The pule was offered by OHA Trustee Rev. March 4 letter from Marshall Medoff of accepted unanimously. Moses K. Keale Sr. California about resolution to disapprove a set- Present were Chairman Clayton Hee, and aside of public land made by an executive order Budget, Finance trustees Abraham 'Aiona, Moanikeala Akaka, of the governor; also a letter from Lance Kip Policy & Planning Rowena Akana, Moses K. Keale Sr., Frenchy Dunbar, chairman Destination Moloka'i 'Aiona moved, second by Kanahele , to DeSoto, Louis Hao and Kamaki Kanahele. Association as to whether OHA would co-spon- approve an amount not to exceed $23,000 for Present for OHA were: Richard Paglinawan, sor the Second Annual Moloka'i Ka Hula Piko contractual legal services with the firm of Paul, administrator, Linda Delaney, land officer, Rona (A Celebration of the Birth of Hula) on Johnson, Park and Niles to notify, answer, and Rodenhurst, education officer, Liz Higa, secre- Moloka'i, Saturday, May 16; also a letter from where appropriate, defend kuleana lands that tary to the administrator, and trustee aides Rod Lynette Paglinawan, executive director of the could escheat to OHA under Hawai'i Revised Oshiro, Gladys Rodenhurst and Lolli Ulibarri. Native Hawaiian Culture and Arts Program, Statutes 560:2-105:5 and 669-2(e}. Motion car- Present as guests were: Keahi Allen, James about OHA's participation in the Bishop ried unanimously.