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13. Stauffer I at 178-179. 14. Stauffer I at 183, fn. 35. KAHANA: WHAT WAS, WHAT IS, WHAT CAN BE 15. George Kamakaniau, the administrative leader of the land hui, signed an intent to purchase the ahupuaà on August 1, 1874. An 1875 contract established a trust between Kamakaniau and his hui members. The trust agreement was completed in 1881. Stauffer I at 180-181, 183. 16. Stauffer I at 182 and 235-236. 17. By-laws of the Hui Àina o Kahana (1882), sections 4 and 18. 18. Stauffer I at 189. 19. Stauffer I at 235-236. 20. Stauffer details this process at 151 and in chapter 7, "The kuleana are lost," Stauffer I at 200-216. 21. See Stauffer I for a full discussion of the various ways in which the maka`âinana and ahupuaà lands were lost, especially Stauffer I at 212. 22. See "City And County Of Honolulu, Foster Botanical Garden, Master Plan, Background Information," at http://www.co.honolulu.hi.us/parks/facility/foster/info.htm (retrieved October 26, 2001). 23. Stauffer I at 220. 24. Stauffer I at 237. 25. Stauffer I at 239. 26. Stauffer I at 244, 255, 259. 27. Stauffer I at 267. 28. Kahana State Park Development Plan, Draft 7, Kahana Advisory Council, December 1985 at 6-7. 29. A Status Report on Kahana, Bob Stauffer, for Alu Like, April 24, 1984, at 9 (hereafter Stauffer II). 30. Kahana State Park Development Plan, Draft 7, Kahana Advisory Council, December 1985 at 7. 31. "Beautiful Kahana Bay May Become Oahu's Finest Public Beach Park," Honolulu Star-Bulletin, October 1, 1957, page 1: "The 1951 Legislature appropriated $100,000 for acquiring the land, but park board officials felt that will not be sufficient today." 32. Stauffer II at 93, 102. 33. "State's offer for Kahana," Honolulu Star-Bulletin, July 9, 1965, C1:1. 34. Act 30, Session Laws of Hawaii 1962, "State's Offer for Kahana." 35. A Comprehensive Plan for Hawaii State Park (1962), cited in H. Mogi - Planning and Research Inc., Revised EIS for Kahana Valley State Park, Koòlauloa, Island of Oàhu, Hawaiì, prepared for State of Hawaii, DLNR, Division of State Parks, Outdoor Recreation and Historic Sites, October 1978, at 3. 8
BACKGROUND ON THE AHUPUAÀ Ò KAHANA 36. Kahana State Park Development Plan, Draft 7, Kahana Advisory Council, December 1985, Appendix D. 37. Report Covering the Proposed Park Development of Kahana Valley, John J. Hulten, prepared for the DLNR (March 17, 1965) (hereafter Hulten). 38. Hulten at ii. 39. Hulten at 9, 40. 40. Hulten at 35. 41. Hulten at 40. 42. Hulten at 2. 43. Hulten at Exhibit A, fn. 6: Hulten states that the preference factor is "based on judgment." No doubt this is the same judgment that he used to estimate that the Caucasian population of Hawaii in 1975 would be "better than half" of the total population. Id. at 13. 44. Hulten at 20. 45. Hulten at 35. 46. Hulten at 38. It is interesting that Hulten notes in his forward that the value of the land is $5,454,000, even after land reclassification to a more restrictive use. More interesting still is his note that "preliminary negotiations indicate that [the 99.8% of the valley owned by the Hui Ò Kahana and the heirs of Mary Foster] can be obtained for $5,000,000." (Hulten at iii, 44.) It is also curious that he did not support the purchase of the 6 maka`âinana lots that were still held by 5 individuals and one plantation, and not by the Mary Foster heirs, writing that the "remaining 9.099 acres … can be acquired as needed as development of the park progresses." (Hulten at iii.) This is more than strange, as these lots are intermingled with the Hui and Foster lots, and the massive development envisioned by Hulten would surely impact them. Even more disastrous from the State's point of view, if the six tenants later refused to sell, they could disrupt park plans, or hold out for extremely high prices because the State would have a critical need for the land. 47. See Act 195, Session Laws of Hawaii 1965, at p. 290. 48. "State's offer for Kahana," note 33 supra; "Kahana Valley sale snag 'amazes' State land chief," Honolulu Star-Bulletin, July 10, 1965, p. 1. 49. See Act 155, Session Laws of Hawaii 1969, at p. 232. 50. Stauffer II at p. 116, fn. 171. 51. This is not technically correct, as the entire island of Niìhau, which ipso facto contains at least one ahupuaà, is owned by the Robinson family. However, access to this island is extremely limited and by invitation only, so Kahana is the only intact ahupuaà that the vast majority of residents have access to. 52. EIS, supra note 35 at 3. 9
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FINDINGS AND RECOMMENDATIONS 5. The
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FINDINGS AND RECOMMENDATIONS 15. Di
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SCR61 SD1 http://www.capitol.hawaii
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Appendix B EXHIBIT "C" INTERPRETIVE
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that since this is an ’Ama Ho’o
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