Ka Wai Ola - Office of Hawaiian Affairs, Volume 1, Number 1, 1 June 1981 — 62-Year Land Tenure Dispute Settled [ARTICLE]

62-Year Land Tenure Dispute Settled

J.N the lush beauty of what is now known as the Tantalus Watershed Forest Reserve, three brothers — Kalalakoa, Koia, and Keawekane settled in approximately 1889. Along with other settlers and with express consent of the government, they proceeded to raise their families and crops in Maunalaha Valley, where the streams Kanealole and Maunalaha flow. Through five successive changes in government — Monarchy, Provisional Government, Republic, U.S. Territory, and Statehood — these original settlers and five generations of descendants continually lived and worked on this land. Between 1913 and 1919, Mary Duchalsky, a descendant of Kalalakoa, and other descendants of the original settlers attempted to acquire fee title to land in the valley. However, because the Fublic Lands Commission, whieh reviewed and issued land title applications, failed to act upon their applications "in a timely manner," they were turned down. Thus, beginning on October 18, 1919, the Public Lands Commission issued 30-day revocable permits to these people with the written assurance that "... you will have no difficulty having these permits renewed from time to time as necessary ..."

For 62 years, up to 29 Hawaiian families of Maunalaha Valley have lived on revocable 30-day permits. Due to their uncertain tenure, these people were unable to obtain mortgages and home improvement loans, thus being forced to reside in dilapidated and unsafe shanties. In 1977, a planning consultant hired by the Department of Land and Natural Resources to plan a park in the area suggested revocation of the permits and eviction of all the families. Immediately following that suggestion, the people of Maunalaha organized and formed the

Maunalaha Valley Community Association. With the assistance of Tom Matsuda of the Legal Aid Society of Hawaii and various legislators, they have diligently and persistently struggled for over four years to secure stable land tenure. Unfortunately, the various parties were unable to reach a settlement. Specifically, DLNR did not be!ieve that it had the legal authority to grant long term residential leases to the permit holders. The only practical solution was to change the statute limiting DLNR, but the first two attempts in the state legislature failed. Shortly before a third attempt in the legislature was started in early 1981, the plight of these 29 families was brought to the attention of representatives of the Office of Hawaiian Affairs. Because OHA is the principal state agency for the Hawaiian community, Trustee Rod Burgess met with officials from DLNR to advocate a legislative solution for their long standing problem, and provided testimony in conjunction with OHA's lobby effort. This time, the combined efforts of the residents of Maunalaha, the Legal Aid Society of Hawaii, various legislators, DLNR, Alu Like and OHA resulted in passage of House Bill 511 through the 1981 Legislature. Having been signed into law by the Governor, it should provide a solution to the 62-year old tenure issue. This bill will authorize the Department of Land and Natural Resources to negotiate long term residential leases with the Maunalaha permit holders and should make it easier for those residents to obtain home improvement loans to upgrade their living quarters. The victory of the Maunalaha residents touches all Hawaiians because it shows us that through OHA and collective efforts we ean all effect favorable political changes.

Ka Wai Ola O OHA (The Living Water of OHA) is published quarterly by the Offiee of Hawaiian Afiairs, 567 So. King Street, Suite 100, Honolulu, Hawaii 96813. Telephone 548-8960 Editorial Staff Pam Hueh Kekumano Public Infonnation Offlcer Cynthia H. Lee Media Specialist Brian Onaga Graphics Comments, inquires and letters accepted at the above address.