Ka Wai Ola - Office of Hawaiian Affairs, Volume 22, Number 3, 1 March 2005 — Hannemann signs lease-to-fee repeal [ARTICLE+ILLUSTRATION]

Hannemann signs lease-to-fee repeal

By Sterling Kini Wong On Feb. 9, FIonolulu Mayor Mufi Flannemann followed through on a campaign promise he made to Flawaiians and small landowners by signing a measure ending the city's controversial mandatory leasehold conversion law. It was the first bill signed into law by the new mayor. I Iannemann signed Bill 53 during a ceremony attended by more than 100 small landowners and Hawaiians, including the trustees of Kamehameha Schools and the Queen Lili'uokalani Children's Center, representatives from royal Hawaiian societies and charter school students. After Hannemann put his signature on the bill, many in the audience began to sing the appreciation chant Oli Mahalo and Hawai'i Pono'ī, the anthem of the Hawaiian Kingdom that is now the state song. Hannemann said that by signing Bill 53, he is helping to right the historical wrongs that have been done to Native Hawaiians. "This ensures that beneficiaries of the ali'i trusts will have a better future than their ancestors," he said. Hannemann said that he had

fundamental problems with Chapter 38, the law that had allowed the city to use its condemnation powers to force condominium landowners to sell the fee interest in the land under their buildings to qualified lessees. "I believe that government should not dictate to private

landowners when you should sell your property," he said. Chapter 38 became a prominent issue during the mayor's race, when Hanneman's opponent, Duke Bainum, said he would not repeal the law, and Hanneman said he would. Bill Brennan,

the mayor's press secretary, said that Hanneman's support of the repeal of Chapter 38 influenced many people to vote for him, and in recognition of this the mayor wanted to make sure Bill 53 was the first ordinance he signed into law. However, a legal cloud still remains over at least portions of the repeal measure. Two lawsuits have been filed against the city by lessees of the Admiral Thomas and Kāhala Beach condominium buildings. Both groups had already initiated the leasehold conversion process and are asking the city to let them complete the conversion of their condominiums. Hannemann said that he consulted with the city's legal counsel, and he believes the City Council worded the bill in such a way that would limit the city's exposure to such legal challenges. He said that the eouneil tried to address the issue of lessees who were already in the conversion process for their units, but ultimately couldn't eome to a solution. "My feeling was that I didn't think that was a reason to not go forward," he said. "I thought the pros outweighed the cons of signing the bill. Now, I'll just let the legal system run its course." V

Surrounded by supporters of Hawaiian trusts and other landowners, Honolulu Mayor Mufi Hannemann signed Bill 53 into law on Feb. 6. Photo: steriing Kini wong