Ka Wai Ola - Office of Hawaiian Affairs, Volume 12, Number 11, 1 November 1995 — Big lsland home lands beneficiaries prevail [ARTICLE]

Big lsland home lands beneficiaries prevail

by Jeff Clark The U.S. Supreme Court last month backed a State Supreme Court decision benefitting a group of Hawaiian homesteaders who were unable to lease enough pastoral land from the Department of Hawaiian Home Lands (DHHL) for a viable commercial ranching operation. The high court let stand a ruling that the Hawaiian Homes Commission violated the due process rights of some Hawai'i island beneficiaries by not hearing their proposal to lease the land. The State Supreme Court's ruling eame in March 1995. A group known as the Aged Hawaiians sued the state in 1989 because the commission refused to award them the land. The land in question is located in the Waimea district. DHHL settles with Pana'ewa homesteaders DHHL and the state Housing Finance and Development Corporation int June settled with a group of Pana'ewa . homesteaders who claimed their new houses were substandard. Fifty homes in Pana'ewa Residential Lots 3 and 4 suffered from various flaws, the most prevalent being termite damage and infestation. Other complaints had to do with faulty septic tanks, rusting roofs, and houses being keyed with identieal keys. The homesteaders ftled a law-

suit, but the matter was ultimately settled via private arbitration. The 45 lessees received monetary awards ranging from $30,041 to $41,451. In addition, the department also agreed to provide termite treatment. The houses were built by a

contractor for DHHL in 1991. "Most, if not all, of the damages claimed by the lessees were the direct result of faulty workmanship by the contractor and his subs," Hawaiian Homes Commission Chairman Kali Watson said in the DHHL newsletter. "Inspection of the

workmanship of the subcontractors was the responsibility of the contractor. With the help of the homesteaders, we intend to vigorously pursue these claims against the contractor. We appreciate the homesteaders' cooperation in this matter." Added Watson, "It is hoped that with these awards, the

homesteaders will be able to make the necessary repairs to their homes and, more importantly, move on with their lives." The Office of Hawaiian Affairs in June, 1994 agreed to contribute $26,300 to help pay for the homesteaders' legal fees.