Ka Wai Ola - Office of Hawaiian Affairs, Volume 3, Number 10, 1 ʻOkakopa 1986 — OHA Board Supports Kamaka Family [ARTICLE]

OHA Board Supports Kamaka Family

A statement of support and encouragement for the Kamaka family of Windward Oahu has been issued by the Office of Hawaiian Affairs Board of Trustee in response to an appeal by this native Hawaiian family. Kamaka ancestors have been established in Waiahole Valley for at least seven generations and it is now struggling to gain fair and equal treatment under the law in a land condemnation suit with the State of Hawaii.

This is a chronology of events presented to the OHA Board at its August 28 meeting by representatives of the Kamaka family and their attorney. As a necessary requirement before the State ean develop an agricultural/residential park in Waiahole Valley , and in order to gain clear title, the State filed a condemnation lawsuit claiming ownership to 124 parcels of land in August, 1981. In November of the same year, the Kamaka filed a written response claiming that they owned some of the land in question.

Since 1981, the family has made good faith attempts to amicably resolve this dispute whieh would allow them to remain on the land to whieh they believe they

are rightfully entitled, or receive fair compensation from the State for the taking of that land. The State of Hawaii chose instead to file a elaim of adverse possession against the Kamaka family, and contest the validity of an 1862 deed whieh would substantiate the Kamaka elaim to ownership.

As a result, negotiations with the State attorneys to reach a land exchange agreement were abruptly terminated when the State decided instead to take the family to court, and in June, 1986 a jury trial began. In a sudden turn of questionable fashion, the presiding judge dismissed the jury and decided in favor of the State.

The family is now forced to take the avenue of appeal through a legal system that seems determined in this case at least, to replay the dismal history and use of adverse possession laws against native Hawaiians. The OHA Board is all too aware of how detrimental this history has been to native Hawaiian land ownership, and will continue to carry out its legal responsibility of advocacy for Hawaiians. The Trustees therefore encourage and support the Kamaka family's case.