StarBulletin.com

Kahana dispute goes to court, Legislature


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POSTED: Thursday, November 06, 2008

Families facing eviction from Kahana Valley filed a lawsuit against the state yesterday, asking a circuit judge to force the state to halt evictions because it is violating their rights.

Hours after the suit was filed, the state Department of Land and Natural Resources announced it had stayed evictions of six families until the upcoming legislative session.

Ervin Kahala, one of six plaintiffs in the lawsuit, said they filed the lawsuit to keep the state from kicking them out.

“;We want to stay where we are right now, but the goal is to get a lease,”; he said. “;I would love to stay where I'm at right now.”;

Kahala and the other plaintiffs have ancestral ties to the land, but do not have leases. The state has stood firm that the families without leases must leave Kahana Valley since the state cannot create more residential parcels, which would turn the park into a residential subdivision.

About a week and a half ago, the state postponed its evictions after residents and supporters protested.

Since then, Laura Thielen, director of the department, has proposed relocating the six families to the park's residential areas while the Legislature considers their options. They rejected the offer, Thielen said.

Instead of continuing with evictions, Thielen complied with lawmakers' requests and gave the Legislature more time to come up with options for the families.

“;We are asking that they would consider the public's right to access the parks, keep residential areas separate from the public park area and make this a park that welcomes all of Hawaii's residents and visitors.”;

The state bought the land in 1970 to preserve it as a park. It gave 31 original families with ancestral ties to the land long-term leases in exchange for the families moving into a residential area of the park and volunteering 25 hours a month toward the concept of a “;living park,”; which preserved the cultural landscape of an ahupuaa.

Thielen said she moved ahead with evictions in June because the attorney general notified the department in March that there was no legal authority to issue new leases.

State Sen. Clayton Hee, who represents the area, said the state doesn't have the authority to evict.

Thielen should get a court order to evict, Hee said.

He complained that the attorney general's opinion never required the families be evicted and also blamed Thielen for not notifying lawmakers of the AG's opinion in March - when lawmakers could have resolved it.

Next session, lawmakers may review the idea of a living park, he said.

Senate President Colleen Hanabusa said lawmakers will probably hold a hearing to find out what led to this controversy.