Life of the Land (Hawai`i) Land Use

Moving Waters.  By Glenn I. Teves. The Molokai Dispatch. Tuesday 10-2-07



Fake Farms (July 23, 2007) LOL Letter re Aina Haina Closing of Oahu subdivision's gate sets off dispute
Honolulu Advertiser. Monday, September 10, 2007
Land of plenty:

Can O‘ahu’s available farm land support the entire population? by Keith Bettinger / 04-18-2007
Last year one of my professors in the Geography department at the University of Hawai‘i-Manoa asked my geographic information systems class to figure out how many people could be fed solely by resources available on O‘ahu.

Around Hawaii
Surfers Fight for Kaka'ako April 1, 2006
Neal Miyake
Editorial: Good heptachlor call
Honolulu Advertiser
Wednesday, June 11, 1986

Editorial:
Bills erode protection of Haleiwa's charms
The issue: The City Council is poised to OK drive-through operations in the historic
district.

Honolulu Star-Bulletin Friday, February 1, 2002

Kokubun pitches 'green' projects
HONOLULU -- Developers, tear down those gates.

The very latest on some of Maui’s key issues
By Rob Parsons. Maui Time Weekly July 19, 2007.
Obayashi Hawaii proposed to convert prime agricultural lands overlooking the Banzai Pipeline at Sunset Beach, on O`ahu's North Shore into the luxury Lihi Lani development. They alleged that the 1100+ acre parcel would be an agricultural development since each house would have at least one tree on its property that could be harvested every forty years. The City Council approved the project in 1995 on a 5-4 vote. Save Sunset Beach Coalition and Life of the Land sued. The Hawai`i Supreme Court issued a split decision, allowing the project to continue but also allowing the opponents to file a future court case after the property was subdivided. Obayashi failed to follow through, and the community went about seeking to acquire it. In 2004 some people suggested acquiring the land and converting it to conservation land. We noted the hypocrisy of that approach. Our lawsuit argued that prime agricultural land must be used for agriculture. Irregardless of the final disposition of the land, its use should remain in agriculture. LOL 2004 Testimony.

Letters to the Editor
Honolulu Advertiser
Thursday, August 30, 2007

PROJECTS

STATE SET TRIGGERS FOR ENVIRONMENTAL REVIEW

Hawai'i's state environmental law (HRS 343) provides environmental review triggers for the use of state land, state money, county land and county money. Act 55 (2004) expands coverage to major projects that are "privately financed ... on private lands." On the final reading of Act 55, no legislator opposed the bill, and the governor signed the bill during session.

Superferry CEO John Garibaldi asserts that using $40 million in state funds does not trigger an environmental impact statement.

The Council on Environmental Quality, which oversees the National Environmental Policy Act, states on its Web site that an EIS "includes all reasonable alternatives, which must be rigorously explored and objectively evaluated," but city officials assert that some options are off the table for the proposed Honolulu transit system.

BlueEarth proposes the largest bio-refinery in the U.S., but asserts it should be exempt from the refinery trigger.

Henry Curtis
Executive director, Life of the Land





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No room for mistakes. Maui News Editorial  August 07, 2007
Molokai a lightning rod Maui News Editorial  May 19, 2007
Hokulia bill barely kept alive West Hawaii Today March 2, 2006
Hokulia legislation draws stink eye Hawaii Tribune-Herald  March 2, 2006
Groups Unveil Environmental Agenda. KGMB January 31, 2006

Agricultural land bill seen as a first step Maui News  August 09, 2005
Palolo group wins temple fight in  state high court Honolulu Star-Bulletin  June 26, 2005
Housing, environmental coalition supports hike in conveyance tax Honolulu Star-Bulletin  April 25, 2005
Evolution needs balance Maui News Editorial  April 07, 2005
Peter Young under the gun: In 21st century Hawai‘i, it’s still a struggle for water and land By Ragnar Carlson
Honolulu Weekly March 23, 2005
Real estate agenda focuses on land use, taxes, housing Pacific Business News February 11, 2005
Builder eyes Hawaii Kai farms Honolulu Advertiser March 27, 2004


Planned retreat sparks fears of unwanted homes  Honolulu Advertiser  September 20, 2002
Land at Ka'ena Point reclassified  Honolulu Advertiser  July 9, 2002
Both victory and defeat came from Sandy Beach dispute  By Phil Estermann and Curt Sanburn Honolulu Advertiser April 14, 2002
Hale'iwa confronts future  Honolulu Advertiser   February 22, 2002
Haleiwa drive-through showdown looms: Can this North Shore town preserve its appeal and withstand the pressures of economic development? Pacific Business News   February 22, 2002
Hale'iwa drive-through debate renewed Honolulu Advertiser  January 4, 2002
Bills erode protection  of Haleiwa’s charms. The issue: The City Council is poised to OK
drive-through operations in the historic district Honolulu Star-Bulletin  February 1, 2002
State urged to protect NW Hawaiian reefs: But some at a hearing worried that new rules might be too strict. Honolulu Star-Bulletin  January 16, 2002
 Planners OK Haleiwa drive-throughs: Business may have the drive-up windows in the special district with certain conditions Honolulu Star-Bulletin  December 15, 2001
No end in sight in temple dispute. The issue: For 13 years, a Buddhist temple and nearby residents have fought about the structure's height Honolulu Star-Bulletin  August 8, 2001
Public reaction split on Ka Iwi plans: Concerns still remain over the project's environmental impact Honolulu Star-Bulletin  July 19, 2001
Tourism: How much is too much? By Cynthia Oi Honolulu Star-Bulletin May 27, 2001
North Shore private high school OK’d: The city planning panel grants the new school the needed permits despite some opposition Honolulu Star Bulletin August 31, 2000
Judge says McDonald’s doesn’t deserve a break Honolulu Advertiser  April 20, 2000
Hawaii species will benefit from conservation plan Honolulu Star-Bulletin December 14, 1999









Complex Legal Issues Surround A&B's Taking of East Maui Water.

For most of this century, A&B enjoyed the use of water from the East Maui watershed with a minimum of controversy. However, the desirability or the ultimate outcome - continued rights to East Maui water - seems not to have been subject to meaningful challenge. 

The first sign of trouble appears to have come in 1965, when the Legislature amended the law relating to sales of water rights. Under the new language, leases granting water rights had to be sold at public auction or, in the case of" temporary use," could be granted on a month-to-month basis ... subject to a maximum term of one year." (This language appears in Section 171-58, Hawaii Revised Statutes.)  The change did not affect existing leases, but was invoked 11 years later, in 1976.

On July 8 of that year, Anthony N. Hodges, executive director of Life of the Land, and Brian Chikowski, the group's legal researcher, wrote to the Board of Land and Natural Resources. Their purpose was to object to a staff recommendation that the board grant A&B a one-year holdover tenancy on the Nahiku license, which expired June30 of that year. Specifically, Hodges and Chikowski objected to the difference between the price paid to the state by A&B for water collected in the Nahiku license area and the price paid to A&B by the Maui County Department of Water Supply for the same water.

"For at least the past 15 years," they wrote, "this license has enabled EMI to profit grossly from the sale of state-owned water to the county of Maui. Under the lease EMI pays to the state 0.0018 cent per thousand gallons of water and sells this same water to the County of Maui at a rate of 6 cents per thousand gallons. This constitutes a 'mark-up' of 3300 percent.  (
excerpt  from Environment Hawaii Volume 8 Number 2, August 1997)
Waikiki Pollution      
Honolulu Star Bulletin  February 16, 1970

Editorial: The Right to Sue     
May 9, 1975

Key Leaders   
March 14, 1995

Group Efforts.
Honolulu Weekly April 17, 1996   

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Life of the Land is a  Hawaii-based, Hawaii-focused environmental and community action group. Founded in 1970, the mission of Life of the Land is to preserve and protect the life of the land through sustainable land use and energy policies and to promote open government through research, education, advocacy and, when necessary, litigation. We believe that people are part of the environment. We are known for research, research, research. We cover complex issues such as genetic engineering, climate change, and quality of life issues. LOL is a 501(c)3 charitable organization. We do not attend fundraisers, testify for/against political and/or administrative candidates, nor do we rank candidates. We work on issues not people.


Contact: Life of the Land, 76 North King Street, Suite 203, Honolulu, Hawaii  96817, Email: lifeoftheland@hotmail.com Executive Director: Henry Curtis, henry.lifeoftheland@gmail.com * Assistant Executive Director: Kat Brady, katbrady@hotmail.com