Hawaiian Homes Will Remove Structure Near Kipuka Pu‘u Huluhulu

September 4, 2019, 9:19 AM HST (Updated September 6, 2019, 9:58 AM)
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Map of the location of a structure being built near Kipuka Puʻu Huluhulu. PC: DHHL

Hawaiian Homes Commission Chair William J. Aila has issued a statement on Wednesday, Sept. 4, 2019, regarding Hawai‘i County Mayor Harry Kim’s Sept. 3 letter to the Department of Hawaiian Home Lands (DHHL) requesting an immediate investigation of the reports of a structure being built near Kipuka Puʻu Huluhulu, asking the department to “take necessary and appropriate action.”

“Law enforcement has notified protectors at Pu‘u Huluhulu that the structure near Kipuka Pu‘u Huluhulu is unpermitted. Unauthorized structures on all DHHL lands statewide are addressed in a consistent manner. Following a posted Noticed To Vacate, DHHL will remove the structure as soon as resources become available. Abandoned or seized property is then held pursuant to section 171-31.5, Hawaii Revised Statutes,” the DHHL wrote.

Mayor Kim’s Sept. 3 letter to the DHHL chair concerning the “structure near Kipuka Puʻu Huluhulu:”

Dear Interim Chairman Aila,

I am writing in regard to reports of a structure being built near Kipuka Puʻu Huluhulu. The structure appears to be located on Hawaiian home lands. A review of County records indicates no permits or approvals were issued.

Pursuant to the Memorandum of Agreement Between the County of Hawaii and the Department of Hawaiian Home Lands executed in 2002, page 2, Section III.D:

All normal land use controls will be applied by Hawaii County to DHHL property according to the zoning district selected by DHHL. Except as specifically provided in the Agreement, DHHL will follow all normal land use procedures, regulations, and standards applicable to the zoning district.

Page 2, Section III.H. states:

The County will advise DHHL of all violations by its lessees. The County will enforce land use codes and regulation on Hawaiian Home lands in the same manner as with other landowners. DHHL will cooperate with the County in enforcing the terms of its leases requiring conformity to applicable laws and regulations, if requested by the County. Ongoing violations and failure to comply will be referred to DHHL after the County has exhausted all remedies short of pursuing legal action to address the violation. DHHL may institute lease enforcement proceedings in advance of, or in lieu of, County enforcement actions.

By this letter, I am requesting that DHHL immediately investigate the reports of a structure being built near Kipuka Puʻu Huluhulu and to take necessary and appropriate action.

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The DHHL said it “continues to prioritize the safety of all beneficiaries and the protection of the trust.”

ABOUT THE DEPARTMENT OF HAWAIIAN HOME LANDS

The Department of Hawaiian Home Lands carries out Prince Jonah Kūhiō Kalanianaʻole’s vision of rehabilitating native Hawaiians by returning them to the land. Established by U.S. Congress in 1921, with the passage of the Hawaiian Homes Commission Act, the Hawaiian homesteading program run by DHHL includes management of over 200,000 acres of land statewide with the specific purpose of developing and delivering homesteading.

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