Ka Wai Ola - Office of Hawaiian Affairs, Volume 2, Number 1, 1 January 1982 — Land and Natural Resources Identifies Problems [ARTICLE+ILLUSTRATION]

Land and Natural Resources Identifies Problems

After attending several meetings in the Kahalu'u area to investigate the issue of kuleana lands and the continuing alienahon of Hawaiians from these lands, the OHA Stand>ng Committee on Land and Natural Resources identified a number of problems whieh confront kuleana landowners. The problem areas identified include (1) water, (2) title, (3) zoning, (4) taxation, (5) unknown heirs, (6) multiple owners, (7) identification, and (8) access. If left unresolved, these problems will ultimately lead to the further displacement of Hawaiians from their kuleana through various legal means. Because there is no clear cut legislation at this time that will resolve one problem without creating others, OHA is proposing that a legislative task force be established to study the problems confronting kuleana landowners and the loss of kuleana through various legal means. In conjunction with this proposal, OHA will also recommend that an interim moratorium be placed on any legal action taken against kuleana lands until the above study is completed. Also related to the above, is OHA's legislative appropriation request to continue and expand the Native Hawaiian Land Title Project. Another important pieee of land legislation being proposed relates to the reversion of ceded federal surplus lands to OHA on a first right of refusal basis.

Currently, ceded federal surplus lands are returned to the State of Hawai'i with DLNR serving as the State's clearinghouse agency. Thus, DLNR makes the actual decision as to the future status of these lands. Sometimes it will turn these lands over to other state agencies and other times will manage them itself. OHA must, therefore, compete with other agencies if it desires a certain ceded parcel. The proposed legislation would give OHA first rights to these lands if so desired. It would also give OHA the option of refusing these lands. Not all ceded lands are desirable for OHA management. Some parcels, such as roads, parks, and schools, for example, may serve a greater community interest. Two other legislative proposals are directed at present statutes regarding adverse possession. In effect, the proposals are intended to make it more difficult for an individual or organization to adverse!y possess lands. One proposal establishes stricter requirements for good faith whieh must be satisfied prior to, and in order for, the quiet-title elaim to be entertained by the court. The second proposal would require notices of quiet title actions to be published statewide when the defendant is unknown or absent. Currently the statute only requires that notices be circulated within the circuit where the quiet title proceedings are instituted.

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