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Long wait for justice

More plaintiffs will likely die before they can benefit from a breach-of-trust lawsuit

By Rob Perez

LAST UPDATED: 04:38 p.m. HST, Feb 12, 2014

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Waihee: Chance to resolve claims was 'long ago' »

Caroline Bright applied for a homestead lease in 1959, the year Hawaii became a state.

She died last year at age 87, still waiting for one.

"She gave up on them," said her daughter, singer Teresa Bright. "She lost hope."

Caroline Bright was part of a class-action lawsuit filed nearly 14 years ago against the state for breaching its trust obligation to get Native Hawaiian beneficiaries onto homestead lots.

After a six-week trial in 2009, a state judge ruled that the state and Department of Hawaiian Home Lands, which manages the 203,000-acre trust on behalf of beneficiaries, breached their fiduciary duty by not issuing homesteads on a timely basis. Judge Eden Elizabeth Hifo also determined that the breaches of trust from 1959 to 1988 caused the plaintiffs economic harm and that the state must pay compensation.

On Dec. 29, 1999, a class-action lawsuit was filed alleging breach of trust by the state in its awarding of homesteads to Native Hawaiian beneficiaries. A judge already has found the state liable.

2,721 • Class members

65 • Average age

282 • Died since lawsuit filed

21.69 • Average number of deaths each year

But Bright and nearly 300 other plaintiffs already have died without seeing a penny of damages. The lawsuit, known as Kalima v. State (Leona Kalima is the lead plaintiff), was filed on behalf of more than 2,700 beneficiaries, many of them elderly.

Even though the state was found liable for damages four years ago, the case is nowhere close to being resolved. Another trial must be held to help determine what rental values will be used to calculate damages related to the beneficiaries' long waits.

After that, the court still must decide whether the state was liable for other breaches the plaintiffs alleged, including lost applications and the awarding of homestead lots that were uninhabitable. Appeals could prolong the outcome.

The state, as it has over the past 14 years, is expected to vigorously defend its position in court. In those 14 years, it has not made a single offer to settle out of court with the 2,721 class members.

Plaintiff attorneys Tom Grande and Carl Varady say the state has rebuffed every one of their settlement overtures and has gone so far as to suggest that 2,721 separate trials be held, if necessary, to decide damages.

As the legal wrangling continues, more class members, whose average age is 65, are expected to die before the lawsuit is resolved.

"This is a travesty," said former Gov. John Waihee, the state's first Native Hawaiian governor. "To me, it's compounding the initial breach."

Some plaintiffs likely will suffer the same fate as Bright, dying before getting a homestead lot or any compensation. Thirteen plaintiffs died last year. About 60 have died since Hifo, now retired, ruled the state was liable for damages.

Barring an out-of-court settlement, the litigation could drag on for years.

"I see no light at the end of the tunnel for this case," said Gil Johnston, a University of Chicago law professor who is familiar with Hawaiian home land issues, practiced here in the 1970s and read Hifo's ruling at the Star-Advertiser's request.

Attorney General David Louie said the state is committed to resolving the case in a fair and equitable manner and is willing to consider a reasonable settlement that protects the state's interests.

The two sides, however, remain far apart. That raises the possibility that the claims ultimately may have to be resolved by the Hawaii Supreme Court, according to Louie. Asked about the prolonged litigation, Louie cited multiple factors, including the complexities of a case involving thousands of claims pegged to events dating as far back as half a century ago.

This isn't a standard personal injury or contract-dispute case, which has plenty of legal precedent, and the Kalima litigation raises numerous issues that have never been addressed by the courts, Louie added.

He also noted that the case was on hold for 51⁄2 years while the Hawaii Supreme Court ruled on an appeal, and since that 2006 decision, five different lower-court judges have presided over the case, adding to the longer-than-usual duration.

Because of such factors, the trial determining liability for the waitlist claims was not held until August 2009, the fourth date change for that proceeding. For the past 21⁄2 years, the legal wrangling has been over how damages will be calculated.

"There are serious, fundamental differences in the way we view the case (compared) with the plaintiffs' attorneys," Louie told the Star-Advertiser. "That doesn't mean their view necessarily is wrong or our view necessarily is wrong. We have a different take and because there's no precedent on these things, it requires the court to rule on some of these."


Native Hawaiian advocates consider the delays yet more evidence of the many injustices beneficiaries have suffered since the passage of the Hawaiian Homes Commission Act of 1920.

The federal law, which was actually enacted in 1921, created the trust to help return Hawaii's native people to their land and assist in their economic self-sufficiency.

To be eligible for the 99-year residential, farming and ranching leases at $1 annually, beneficiaries must be at least 50 percent Hawaiian. But many who have sought homesteads over the years have encountered problems and delays, some attributed to state mismanagement.

Much of the land originally set aside for the trust was considered marginal, partly because of its remoteness and lack of infrastructure. And even after the state assumed responsibility for the trust as a condition of statehood (the federal government remains a co-trustee), insufficient funding for infrastructure development has been a perennial problem, cited in multiple reports and in Hifo's ruling.

The lack of funding has contributed to the waitlist swelling to more than 26,000 beneficiaries today.

"The story of what has happened with the Hawaiian Homes waitlist is not one we can be proud of as a state," said Waihee, who served as governor from 1986 to 1994.

The Kalima lawsuit was filed in December 1999 after the state disbanded an administrative panel created during the Waihee administration to review beneficiaries' breach-of-trust claims covering August 1959 to June 1988. The panel was dissolved before its work was completed.

The 2,721 plaintiffs in the class-action case submitted administrative claims that were never settled, including nearly 475 beneficiaries who the panel recommended should get about $18 million in damages. Among those was Bright, who was entitled to $63,000, according to panel records.

In the end, no claimant received any damages or relief through the administrative process, leaving the plaintiffs with no option but to sue, their attorneys say.

The failed attempt to resolve the breaches administratively and the delays in getting compensation through the court system have added to critics' contentions that state officials do not take to heart their trust obligations to Native Hawaiians.

"It doesn't seem to resonate with them that they're failing to do this," said Alan Murakami, an attorney with the Native Hawaiian Legal Corp. "Nobody seems to value the promise we made to Hawaiians."


Beyond the complicated legal arguments that underscore the Kalima case, beneficiaries speak of hardships endured as they waited for homesteads. Some say they were given opportunities to apply for leases but couldn't qualify financially to build a home.

The federal and state laws do not require a beneficiary to be financially qualified, and some advocates say those who can't qualify are the ones most in need of homesteads.

Zalei Kamaile, 60, said she spent a year living on the beach in 2006 with her elderly mother and a disabled friend, then spent another year living in a shelter. She said she has been on the DHHL waitlist since 1989 and still has no homestead.

The now-defunct administrative panel recommended that Kamaile, a musician and full-time caregiver for her 85-year-old mother, be paid $10,800 in damages for not receiving a homestead on a timely basis.

"Why do we have to beg for something that us Hawaiian people are entitled to?" asked Kamaile, who now lives in public housing with her mother and friend. "We struggle. We're not saying everyone else doesn't. But some people struggle more than others."

Caroline Bright also spoke of tough financial times.

In a deposition she gave before the 2009 trial, the Kaneohe resident talked about her struggle to raise three children as a single mother — she divorced in 1963 — and said having a homestead would have helped.

"We were so poor," the retired state worker said.

Her daughter, Teresa, eventually built her mother a home on family land in Kaneohe. When asked at the trial about the prospect of getting a homestead, Bright noted her age, then 84, and replied, "It's too late for me."

Because the court still must decide issues related to how damages will be calculated and whether the state is liable for other breaches, no one is certain how much is at stake financially. But if the now-disbanded administrative panel's recommendations are an indication, the state potentially could be on the hook for tens of millions of dollars.

The panel's recommendations averaged about $38,000 per claimant. Some plaintiffs have extrapolated that number to conclude the state faces potential damages of $100 million.

The court, however, already has narrowed the scope of who is entitled to damages — something the plaintiffs have challenged.

In a ruling last year, Judge Virginia Crandall determined that six years was a reasonable wait for a homestead lease and only the time beyond that would be used to calculate damages. She also ruled that if a beneficiary were offered a homestead lease but declined it, he or she would no longer be entitled to damages from that point forward.


Some plaintiffs and others following the case believe the state's strategy is to delay the outcome — and a potentially huge tab — as long as possible. The death of plaintiffs also could work to the state's advantage, they say.

If a plaintiff dies without a homestead, the damages could be capped at that point, given that the amount would be based on how long the person waited for a homestead award. The wait stops at death.

Johnston, the Chicago law professor and chief litigator for the Legal Aid Society of Hawaii in the early 1970s, said delaying the class-action case as long as possible would be in the state's best interest, increasing the likelihood that something eventually will go wrong for the opposing side.

"They're doing the same thing that insurance companies do in personal injury cases: stall, stall, stall," Johnston said.

Varady said the state's strategy has remained essentially unchanged through the administrations of Govs. Ben Cayetano, Linda Lingle and Neil Abercrombie, opposing virtually every motion or proposal made by the plaintiffs.

When a mediator was appointed in 2007 to help the two sides reach a settlement, the plaintiffs submitted an offer with three possible approaches. But the state never countered and instead pulled out of the mediation.

"The state, through Govs. Cayetano, Lingle and now Abercrombie, has done everything it can to bury these claims," Varady said. "The kupuna are passing without any justice or compensation for the disenfranchisement and delays they've suffered from the misuse, mismanagement and misappropriation of the lands that belong to them."

Louie denied that the state is using stall tactics, saying the court would not allow that. He said he has a duty to all Hawaii citizens to make a reasoned assessment of each claim.

"We are not objecting just to object," he said. "We are not making frivolous objections."

He said any litigation involving Native Hawaiians is important to the state, which has numerous attorneys working on the case.

Louie also said the state realizes that many plaintiffs are elderly. "We're certainly sympathetic to that factor."

But because the plaintiffs' attorneys chose to pursue this as a class-action case, the state has to deal with the plaintiffs as a group, not individually, he added.

Cayetano, who was governor from 1994 until 2002, said in an email that he didn't remember much about the case but if the state already lost and damages were the issue, the lawsuit should have been settled. Hifo's liability ruling came seven years after Cayetano left office. Cayetano was lieutenant governor under Waihee.

Mark Bennett, Lingle's attorney general, did not respond to requests for comment.

While the Kalima case focuses on trust breaches up until June 1988, it does not address alleged breaches after that. State law permits beneficiaries to sue the state for post-1988 claims.

But as the Kalima case indicates, going to court is no easy task.

Big Island resident Herk Freitas, 66, one of the plaintiffs, said he's frustrated and angry that the class-action case has taken so long to litigate.

Freitas has been waiting for an agriculture lot for more than 25 years. He received a residential homestead in 1985 — but only after discovering that DHHL lost his 1976 application and he threatened to sue, according to Freitas and records from the administrative panel. The panel recommended Freitas receive $123,000 in damages.

"This is a political game with the state," he said. "It's sickening. It's disgusting."


To comment, email rperez@staradvertiser.com.

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Waihee: Chance to resolve claims was 'long ago' »

Kalima v State - HIFO Decision

Letter From Attorney General David Louie

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Mythman wrote:
This is factually untrue: "This isn't a standard personal injury or contract-dispute case, which has plenty of legal precedent, and the Kalima litigation raises numerous issues that have never been addressed by the courts, Louie added". The root cause of this is the pretense that this is not a federal law issue and is solely a state law issue. State law is fundamentally a racial construct formulated by a majority population that is Asian American and as such constitutionally opposed, as a bias, against native Hawaiians of the Blood. My book deconstructs the whole sordid, shameful mess. Resorting to former Gov Waihee and the NHLC for commentary is like asking the people who did the crime what the solution is to the damage the crime did. Hawaii is in denial over this. The state knows what the real facts are but is hiding behind the scheme it put together that this is a part of.......
on July 14,2013 | 03:02AM
Mypualani wrote:
Mythman on this you are spot on, On other post I had issues with you on this I agree.
on July 14,2013 | 03:38AM
2disgusted2 wrote:
What is the title? I'm not opposed to the Asian Americans per SE, but now justice inHawaii is being handed out by Chinese from the PRC!
on July 14,2013 | 05:26AM
HD36 wrote:
Pleae cite your sources so we know you're not biases about the Chinese girl taking you're husband.
on July 14,2013 | 08:26AM
2disgusted2 wrote:
I would love to expose everything about the UH shenanigans, if someone forced me and I could counter the confidentiality stuff they made me sign!
on July 14,2013 | 08:18PM
hanalei395 wrote:
Sum ting wong, here,
on July 14,2013 | 08:43AM
allie wrote:
interesting..what book did you write on this? I agree that the state has made a mess of this.
on July 14,2013 | 07:37AM
HD36 wrote:
State law, constitutional law and common law have their origins from England. Caucasions live in England. Asians came from China.
on July 14,2013 | 08:25AM
2disgusted2 wrote:
I'm an Asian and I didn't come from China!
on July 14,2013 | 08:16PM
HD36 wrote:
Originally from the beggining they did.
on July 14,2013 | 08:29PM
Ken_Conklin wrote:
See my comments posted to the other article today, entitled "over the years"
on July 14,2013 | 09:40AM
NanakuliBoss wrote:
No thank you Ken.
on July 14,2013 | 09:46AM
wiliki wrote:
It's a conspiracy of Asian-Americans? I disagree. This case is bipartisan and fully representing the ethnic constituencies of Hawaii. The decision to use the courts was a bad one. Substitute teachers are still waiting for back pay years after the initial court case was won. Perhaps we should look to how residents of the Gulf Coast have been compensated in a timely manner by the court appointed representative?
on July 14,2013 | 10:01AM
allie wrote:
I hope the Kalimas find justice. Who has allowed this to happen and who is benefiting from their suffering?
on July 15,2013 | 06:52AM
MoTown808 wrote:
And what is your book's title Mythman? What is the federal law issue?
on July 14,2013 | 03:11AM
Mythman wrote:
It's a racial issue, MoTown, common to the dynamic where a majority population writes the rules for the minority populations. It's complicated but maybe the best answer is to follow the lead of Rice which shed light on the racial construct of the state's majority population of Asian Americans through applying one of the amendments to the constitution formulated to eradicate or neutralize the Jim Crow laws passed as part of the black codes in the old deep south after the civil war. What we have in Hawaii is, to coin a phrase, Asian Jim Crow. Now, given who runs things, you can image the embarrassment involved and thus the denial......no state legislature can fix this, only compound it, which is what we have. I found that Inouye fixed things at both the state and federal levels involving the judiciary, thus negating the normal checks and balances of the separation of powers. This is something derived from Asian cultural norms.
on July 14,2013 | 03:42AM
allie wrote:
Asians have controlled government, business, and the bureaucracy out here for decades. Is that a good thing?
on July 14,2013 | 07:38AM
HD36 wrote:
Let's see: The largest private land owner in Hawaii is Bishop Estate. Does that sound Asian to you? The white man would marry into the Hawaiian royalty and scoop the land. Campbell estate, Dillingham estate..etc. The second largest land owner is the Federal Government and all the bureacracy that comes with it. Do Asians have a majority in Congress? Is the governor Asian? I'll grant you that alot of doctors, dentists, and businessmen and women are Asian but they don't have any control over Hawaiian Land Use laws.
on July 14,2013 | 08:35AM
Mythman wrote:
your opinion is not correct. it is a bias.
on July 14,2013 | 10:18AM
HD36 wrote:
It's not opinion. It's fact.
on July 14,2013 | 10:22AM
Slow wrote:
I am pleased this string quickly becomes "Nanny nanny boo boo, you cannot catch me. Can to. Can not."
on July 15,2013 | 07:19AM
allie wrote:
muddled thinking hon. Charles Reed Bishop had more cash than Pauahi. She had the land and he had the cash. He ever stole her land. All of it went to KS with Charles Reed Bishop donating $$$$ to get it all started. Campbell are all Hawaiian. There is no Dillingham Estate at all.
on July 14,2013 | 12:08PM
HD36 wrote:
Thanks for dissproving your point, they don't control the government, or big business.
on July 14,2013 | 01:14PM
allie wrote:
yes they do. I am not saying that is bad but they do.
on July 14,2013 | 02:15PM
Porkchop wrote:
You sound smart, but "alot" is spelled "a lot!" Please write well.
on July 14,2013 | 01:11PM
HD36 wrote:
Thanks buta
on July 14,2013 | 08:32PM
HD36 wrote:
A common mistake but thanks a lot spelling bee champ.
on July 14,2013 | 08:59PM
allie wrote:
I type too quickly due to demands from the public for comments. I will try to be more careful!
on July 15,2013 | 06:54AM
saywhatyouthink wrote:
Asians? I thought the democratic party controlled everything. They in turn are controlled by public worker unions and big monopoly business owners in Hawaii. Waihee has nerve complaining when he was in a position for 16 years to resolve the issue and do the right thing.
on July 14,2013 | 11:06AM
allie wrote:
Waihee is a total shibai artist and game player. His victim: the general public and most Hawaiians.
on July 14,2013 | 12:10PM
HD36 wrote:
Yea but I was told Asias couldn't own land in certain parts of Hawaii like Tantlus or Kahala back in the old days. So if the Asians we're discriminated back then, what exactly is written into the Hawaii Revised Statutes that in discrimination against Hawaaians?
on July 14,2013 | 08:29AM
false wrote:
Kahala was all farms before my tutu moved there and, you are correct, the only Hawaiian on Kahala Ave. for years because, Tutu translated all, all of the Hawaiian Land Titles for the governments. His name is still on the documents. At any rate, the farmers were all Asians. Don't see how that makes Hawaiian Homes the disaster it is. Years of mismanagement and under the table dealings are perpetuated by who knows whom. Primarily, Jonah Kuhio Kalanianaole designed Hawaiian Homes for 1/16th blood quantum but the Congress refused to pass a benefit to last for generations. No one in government, any government, wanted Hawaiians to have benefits beyond two or three generations. This mess is fulfilling the original Congressional design.
on July 14,2013 | 08:47AM
allie wrote:
Asains have dominated Hawaii for decades hon. Everybody knows that...especially Hawaiians.
on July 14,2013 | 12:11PM
HD36 wrote:
Asians are a majority population hon but as far as dominating the Hawaiian's how have they done that? Many people are Chinese/Hawaiian or some other mix with Hawaiian who are very succesful.
on July 14,2013 | 01:17PM
wiliki wrote:
Nope this is a simplistic argument simply to find a scapegoat. Courts are slow and Hawaiian should have realized this when they pushed for court action. It might have been better to have a good discussion of the best alternatives to pursue rather than going with an obviously bad choice. Since when has suits of this nature ever settled in a timely manner. Substitute teachers are still waiting for back pay years after the initial suit.
on July 14,2013 | 10:04AM
2disgusted2 wrote:
There is a wonderful book written by soemone in the Uh English dept called something like Asian Settler colonialism...I think. Can't think of the prof's name
on July 14,2013 | 08:20PM
HD36 wrote:
I know a better one called The imperialist from England , sugar and slavery.
on July 14,2013 | 08:35PM
RetiredUSMC wrote:
Shame on us! We can build, tear down and build more luxury Condo's and yet we can't settle the Homeland's problem! Shame on us!
on July 14,2013 | 03:22AM
mellishi wrote:
...shame on State of Hawaii for dragging this on, and on, and on. Here is a partial solution to get those on the list into a home or at least some decent housing...award those on a list a proposed high-rise condominium, built on Hawaiian Homes land- be creative and "build-up" like those luxury condo's and have common area's dedicated to recreational and cultural space. We should have traded off some of that prime Kakaako waterfront area into a Hawaiian Homes high-rise condominium (to at least get started and something that can be passed on to children and grandchildren for generations!
on July 14,2013 | 09:03AM
wiliki wrote:
I disagree.... a common problem seems to be the all or none attitudes of the parties. Why not have a court appointed representative determine the settlement like in the Gulf case settlements? Not everyone is fully satisfied. But most settlements have been accepted as fair. IIRC, there is a total amount and it is parceled out to the claimants in a fair manner.
on July 14,2013 | 10:10AM
allie wrote:
on July 15,2013 | 07:27AM
hikine wrote:
It's a sad day when native Hawaiians can't even own land in which they were born in. Shame on the State for dragging this lawsuit. It's all about profitability for the State.
on July 14,2013 | 05:01AM
false wrote:
The other questionable behavior is Who is profiteering on the building of homes on Hawaiian Homes Land. How is it that a house is $300 thousand and Hawaiians who get land then have to qualify for financing. Where's the benefit when for $300 thousand one could go on the open market and buy fee simple. No equity for Hawaiian Homes land. House wouldn't bring much. Tax free is only $2000 savings a year. Where's the benefit? Still paying market value to survive on free land? See there's an insider's profiteering of Hawaiians taking advantage of political manipulations in communications and development controls.
on July 14,2013 | 08:51AM
NanakuliBoss wrote:
There is no $300,000. House on a fee.
on July 14,2013 | 09:29AM
false wrote:
In the country?
on July 14,2013 | 01:52PM
allie wrote:
agree..I got blasted for saying this 2 years ago
on July 15,2013 | 07:28AM
wiliki wrote:
I disagree... dragging the case along is expensive for the state as well. But you're right that in that when the claimant dies, it caps the claim which makes the claim, in effect, cheaper as time goes on. Justice delayed is justice denied.
on July 14,2013 | 10:14AM
baileygirl9631 wrote:
The only "native" Hawaiian has a blood quantum of 100 per cent Hawaiian. All others are part Hawaiian! Ludicrous to say a person with one drop of it is "native Hawaiian".
on July 14,2013 | 10:30AM
saywhatyouthink wrote:
There are no 100% Hawaiians left, if the state keeps dragging this out there won't be any 50% Hawaiians left either. I think that's their hope and strategy in this case.
on July 14,2013 | 11:10AM
allie wrote:
true..all Hawaiians I have met here are more Asian and/or white than hawaiian.
on July 14,2013 | 12:12PM
HD36 wrote:
There on Niihau
on July 14,2013 | 01:18PM
2disgusted2 wrote:
And here they go making people like MRC and Hinhaw have homes inHawaii at huge costs to the public, totally undeserved, while the indigenous people perish! Shame on the State of Hawaii!
on July 14,2013 | 05:24AM
Makua wrote:
Monday morning quarterback is always easier. If I were the state I would have said the lands in the trust need infrastructure before they can be given to deserving Hawaiians. So, lets use the only asset we have to make this process work. Identify what lands hold value to the general public and commercial concerns and sell that land to produce funds for infrastructure on the remaining parcels. With available lots the remaining dilemma is then the individual affordability factor in building a structure.
on July 14,2013 | 06:15AM
Mythman wrote:
Price v US DoJ in settlement held that the lands of the trust corpus cannot be alienated, sold as you suggest Makua, as they are recognized as being protected in what is known as Indian Land title, as in federal Indian land doctrine - this is where the 600 came from, the value of the lands Gov Ariyoshi had alienated. Practically, it's not so easy to have any money end up back in the account of the DHHL or HHC from any source it is derived from. Like all state money, it tends to get diverted along the way, with the natives being the weakest among all the competing groups. think about it: how can the native survivors have any power in the utter absence of federal power to protect their land use. Obviously, no one in state government has ever matched this power and why should they.....the United States dropped the ball but they were prompted to do so by the noble land trusts and their political puppets. This governor and this AG might actually be able to make some progress. A state court will never make any progress, most likely - Moon is gone so there could be an outside chance. It doesn't need to go back to the Supreme Court - the facts are already in. It's time for application of federal anti trust law, perhaps?
on July 14,2013 | 06:51AM
Graham wrote:
Hawaiian Homestead Lands should be awarded to the people who have been on the waiting list the longest time. No one should have to wait 30-40 years, while others are awarded parcels...
on July 14,2013 | 07:32AM
allie wrote:
on July 14,2013 | 07:39AM
saywhatyouthink wrote:
If you're a state senator or Hawaiian homes commissioner there's no waiting list at all and you'll get the best parcels available. Just ask Sen.Solomon, why people elect this crook is beyond understanding.
on July 14,2013 | 11:12AM
soundofreason wrote:
Another great for Rob Perez, but this is going to need some baby step follow-ups.
on July 14,2013 | 07:41AM
allie wrote:
thank goodness for rob
on July 15,2013 | 07:47AM
LanaUlulani wrote:

In other words the Democrat Regime in Hawai'i who have controlled the House and Senate in Hawai'i since about 1962 thus have made all of the laws that have systematically caused the genocide of the Hawaiian peopel for the last 51 YEARS are set to be even more MAHA'OI pushing the "Native Hawaiian Roll" onto us.

Leave us alone!!! We are better off WITHOUT you!!!

Just say NO to their hewa. Nasty PIGS!!!!

on July 14,2013 | 07:51AM
HD36 wrote:
Go hold a protest and get some signs. I'll honk.
on July 14,2013 | 08:37AM
NanakuliBoss wrote:
So Lani, do you think a Republican Regime would do better? And if so, how?
on July 14,2013 | 09:33AM
hawaiikone wrote:
Well "boss", we'll never know will we? In order to provide anyone a homestead it's gonna cost money, a lot of it. What have you and others decided to do with our money? Throw it away on the rail fiasco. Why? Each one that voted for it has their own reason, imagining a quicker commute, a job, further expansion, etc. We are overlooking many things that need attention, like our sewers, roads, schools, and now we are reminded of another debt we owe. So rather ask how someone else could do better, maybe we just need to do better ourselves.
on July 14,2013 | 10:58AM
allie wrote:
Lana is as batty as a bat. Hawaiians are doing very well thank you. Trouble is, most of them are Asians or white or both.
on July 14,2013 | 12:13PM
Puukani wrote:
What! Not one article on the rail today , and yet the polling question is our opinon on two proposed routes. What about a third question like, C. should the rail be stopped altogether? Why is the SB afraid to ask? SB=BS Sorry no other place to post this.
on July 14,2013 | 09:02AM
NanakuliBoss wrote:
Another poll isn't going to make a difference. Polls are like everyones opinions, we all them, we all wipe them( if we're regular) and they all stink.
on July 14,2013 | 09:35AM
baileygirl9631 wrote:
Right on!
on July 14,2013 | 10:32AM
Reade1 wrote:
First the missionary comes, convert the Hawaiians and become the advisory council to the monarchy. In the mean time land was used to accomplish their goals to own the land someday to build their churches, schools and plantations. They make the big move to bring in cheap labor from the Far East to labor the plantation. The Chinese understood land value, so did the Japanese, Filipinos' etc,,, Now they all make plenty babies, fill up the schools, learn the American Dream and save their hard earn plantation labor money in a glass jar. From the glass jar they open their own banks. Now they become American Citizens and now in the system. Their children receives the best education, receive a college degree, go fight the war for the United States and return with honors. Move into politics because they earned it. From then on they take control. And who introduced the Asians to Hawaii...The Missionary! The same Missionary families who became the land barons sold the land to the Asians. So don't blame the Asians! Blame the guys who brought them here for cheap labor and now the Asians have a piece of the pie they call it races. In the mean time the Hawaiians depleting in blood quantum through mix marriages become the victims of their own Native Land. From the 1st day the missionary came to teach the Hawaiians right from wrong.... Now where are the missionaries to make the wrong, right? In the courts that's where using the same tactic money first and Hawaiians last. Someday it will be right and I hope I live until that day to witness this shame done to the Hawaiians for 93 years of waiting for their homestead that was always rightfully theirs. What money can do to any native land that has high value for usage. The famous Hawaiian word "ALOHA" used by every nationality to make money instead of it true meaning affection, sympathy, and greetings. Ke Aloha!
on July 14,2013 | 09:43AM
nippy68 wrote:
well written!
on July 14,2013 | 10:09AM
2disgusted2 wrote:
I agree.. VERY well written! Adn well argued too. But it is one thing to think of the Asians who came as indentured labor and another to think of the folks who are coming hand over fist, FOB with tons of money...
on July 14,2013 | 08:30PM
Mythman wrote:
The AG says the reason for the problems is there is no body of law with which to apply in fixing it. This is not true. There is a body of law. The same body of law used in every other dispute between settlers and natives. The reason it is not used in Hawaii is the same reason there is a problem in the first place. Every native settler dispute is exactly the same and so is the solution to it. Except this got circumvented in Hawaii by the men and women who ended up controlling the vast land, wealth and political power of the so called ali'i land trusts. Now if the Hawaiian Homes Lands were also a royal land trust, do you think these problems would exist? This is what the OHA was created for. It failed too. The new enrollment initiative will fail also for some of the same reasons. There is a solution, however. Litigating in state court is not the way to get to it.
on July 14,2013 | 10:26AM
baileygirl9631 wrote:
Why didn't the Hawaiians do like the Asians did, like work hard, save their money, buy land?
on July 14,2013 | 10:36AM
Reade1 wrote:
Baileygirl, because the Hawaiians were promised homestead land and they did not have to buy land it was already theirs. Most part and pure Hawaiians have purchased their own land. But the prime land were the values are greater were negotiated behind close doors. I am part Hawaiian and my Hawaiian classmates from the Hawaiian School on the hill worked hard we had to buy our own land back. If you study Hawaiian history no one owned land until the missionaries persuaded the monarchy to use land for commercial purpose because the world was progressing. If anyone can show me the written original land ownership deeds from the time prior Captain Cook I give you land. The homestead land is just a token to say we sorry we took your land heres something from us. $1.00 for the land $300,000.00 to build the house. How many 50% quantum Hawaiians make that kind of money. It is sad!
on July 14,2013 | 11:50AM
Mythman wrote:
Not exactly true Reade1: the misunderstanding you state is common in that it ignores the reality that all native lands are considered to have been owned in title. The title is known as in the Doctrine Indian title. This is the basis of the public land process also. The Hawaiians knew very well which land belong to which family without having a deed registered in a book at the bureau of conveyances. The same bureau of conveyances where a Mr. Bishop could take it without judicial review, which, BTW, he can still do today. The reason the native of the blood got screwed is because federal protections have been obstructed.
on July 14,2013 | 03:36PM
2disgusted2 wrote:
Becaseu tehy weren't given the opportunites! What a question ot ask! Try being an oppressed minority..!
on July 14,2013 | 08:31PM
allie wrote:
All Asians ask that today. It is a fair question
on July 15,2013 | 10:05AM
allie wrote:
fanciful..like much misunderstandings of Hawaiian history, the above is shibai
on July 14,2013 | 12:14PM
Reade1 wrote:
Allie the good thing is you are not Hawaiian. Your na'au is from the Americas. You are here to take advantage of Hawaii Nei. You don't seat with Na Kupuna.. You remind me of the type of person who don't really care what really happens to Hawaii and the Hawaiian people. At lease there are those who were raised in your culture support us to make the wrong right. You are just having fun brewing up your own opinion. The best part is no one really cares what you write except for guy's like me. Because we know you are harmless. You light the fire to keep us on fine tune to watch on all Hawaiian issues. We are Hawaiians, we live Hawaiian, we breath Hawaiian, we speak Hawaiian, and we respect those who respects us. You are Johnny come lately. Have you gone through the process to understand the Hawaii Homestead Act? My Son-in-law and daughter just moved into their homestead lot. Closing cost $311,000.00 and $35,000.00 required down payment. Without the help from the kupuna they would never own a home. They both work and have children. I know you consider yourself intelligent but not humble. Since you are intelligent find me the deed of land ownership before your relatives the missionary arrived.
on July 14,2013 | 01:10PM
allie wrote:
I have the right to my opinion and it is based on close observation of the piles of shibai out here. Hawaiians need fewer excuses and more honesty about what has caused their problem. My Hawaiian roommate strongly believes it. Whining holds you back as does phony histroy. And I am Native American and I am not taking advantage of Hawaii. I work part-time and pay taxes. I pay my own tuition from tribal and personal funds.
on July 14,2013 | 02:19PM
turbolink wrote:
allie, do you know what's fascinating? Noting what times you and some other esteemed colleagues post on news items today you'd normally be all over all morning. Amazing how you guys don't post at the same time. Probably just a coincidence though. Hmmm...
on July 14,2013 | 02:28PM
turbolink wrote:
Pay your own tuition? First you said Federal funds pay everything, then it became tribal funds. When that was questioned as an inconsistency you said the tribal funds come from Federal funds. Then recently you said your mother paid. When that was questioned you said it's a combination of the three. Now it's tribal and personal funds. Pick a story and stick with it...please!
on July 14,2013 | 02:45PM
allie wrote:
wrong...you are confused. My mom pays PART of the cost. Tribal and Federal funds the rest. I am greatly needed at the UH and welcomed here. I earn much of my personal costs through my job.
on July 15,2013 | 07:49AM
turbolink wrote:
Not confused at all. You are the one putting out that trail of pandering for sympathy and attention. Google it!
on July 15,2013 | 09:35AM
Mythman wrote:
Allie is not referring to my post immediately above hers - her post refers to the post I am responding to immediately above. so we agree
on July 14,2013 | 03:38PM
allie wrote:
yup..I find mythman reasonable
on July 15,2013 | 07:49AM
HD36 wrote:
Yes the missionaries gave them religion and the Hawaiians gave them land.
on July 14,2013 | 01:21PM
hawaiikone wrote:
Which one would you rather have 1000 years from now?
on July 14,2013 | 01:58PM
niimi wrote:
Woooooh, doggie! Unless the entire system is rewnewed in the way in which the Public Land Development Corp. was dissolved this will NEVER be resolved. I predict the corruption will continue and will magnify over the next few decades. To most voters I'd argue this is at most a fringe issue, a buzzing sound, and that is the way in which politicians want to keep it. When it is a fringe issue they can maintain control.
on July 14,2013 | 10:24AM
Mythman wrote:
Spoken, niimi, like someone whose own family understood and understands the Asian way of doing business - put the money in the right outstretched hand and you can use your land for commerce.....
on July 14,2013 | 03:40PM
Kaleo744 wrote:
what really is the saddest thing is that,this is just more talking and as vain as it may sound ,its a stall tactic that all big corporations use and the state is doing the same, the contemplatives should be able to leave and kind of residual compensation to their beneficiaries should they pass before settlement happens...if it ever does...
on July 14,2013 | 10:24AM
Mythman wrote:
When things go terribly wrong, like in this instance, there is always a reason. Using politics is not the solution as it is what made it go wrong in the first place. We are grossly ignorant as a state when it comes to how to use existing law to fix this mess because it is in the self interest of those who control the state for us to be ignorant. Who controls land use? Who does not control land use? What role do the ali'i trusts play in who controls land use? Where did the laws and rules that encode social customs and other biases which are used to control land use originate from? Are they unique to Hawaii's past or do they match and track the laws which are used to settle all similar disputes in the other states, except Alaska?
on July 14,2013 | 10:35AM
allie wrote:
hugs her mythman
on July 14,2013 | 12:15PM
libertylover wrote:
The whole land held in trust system is archaic. It might take a Constitutional Convention but the State needs to get out of the trust business altogether. It is obvious that by any standard they are doing a poor job with their trust responsibilities. A fee simple title for most of the lands in question should be given to those who are eligible. That would be the single most empowering act the State could take in regard to Native Hawaiians. Let Native Hawaiians make their own choices and manage their own assets.
on July 14,2013 | 12:53PM
Mythman wrote:
That was tried many years ago, reference the Dawes Act - it didn't work and it was reversed. It sounds good, but it doesn't work because the native is different from the settler. Settlers think natives are just another group, like them, who arrive, adapt and prosper.
on July 14,2013 | 03:42PM
libertylover wrote:
Native Hawaiians living in Hawaii in 2013 have a lot more going for them than did Native Americans living on reservations in the 1880s. Also, the aims of the Dawes act differ from what I am proposing. It is very paternalistic to say that Native Hawaiians today still need the government to be their Trustee and that they are incapable of managing their own affairs.
on July 14,2013 | 05:35PM
poidragon wrote:
"Attorney General David Louie said the state is committed to resolving the case in a fair and equitable manner and is willing to consider a reasonable settlement that protects the state's interests." What a whole boat load of BS coming out of the mouthpiece lawyer for the State of Hawaii! The State will never settle with the defendants, they have managed to obfuscate and delay for 14 years now and will continue to do so until the last of them passes away, and then they will quietly sweep the whole affair under the carpet and forget it ever happened!
on July 14,2013 | 01:46PM
Mythman wrote:
I think this AG is and I think also this Gov is different otherwise I would heartily agree with the cynical view of poidragon (sounds Hawaiian Chinese - poi and dragon). I actually believe there is a chance this can be worked out. But we will see.......
on July 14,2013 | 03:44PM
Mythman wrote:
Oh, I forgot to mention that the reason this BS that no one owned any land until the crown owned it all was put out there was so the mahele would not be seen as a taking. How could they take something that no one owned. Their titles are protected by laches regardless if the mahele was a taking or not. Of course, it was a taking. If no one owned any land why would you need a mahele to "redistribute" it?
on July 14,2013 | 04:00PM
HD36 wrote:
Good luck. More power to you and less for the state.
on July 14,2013 | 08:42PM
lynnh wrote:
Asians came from Asia originally. That is after they came from Africa.
on July 15,2013 | 01:08AM
DABLACK wrote:
Think the "whites" came from Africa first. A "white" woman in Kansas had the same DNA as a "black" woman in Africa. Was in the news ! FOX News ?? I think so !....
on July 15,2013 | 05:53AM
Slow wrote:
Plenty of talk while the genocide grinds on.
on July 15,2013 | 07:27AM
allie wrote:
Hawaiians are thriving hon. Most do not need or want DHHL or their games. Most have moved on.
on July 15,2013 | 07:50AM
Flores wrote:
This issue is in our books. We can't just let it drift into infinity. This is just not pono. I believe that we need to address it now, and to reach a speedy resolution.
on July 15,2013 | 02:39PM
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