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The Honolulu Advertiser
Posted on: Thursday, July 16, 2009

Kahana Valley residents hail veto override


By Eloise Aguiar
Advertiser Staff Writer

Kahana Valley residents who faced eviction last October will be allowed to remain now that the Legislature has overridden a veto on a bill that paves the way for new leases there.

While the veto of House Bill 1552 looked like it could still lead to no one being evicted, residents there said other parts of the measure were just as important to the people of the valley.

"The bill in place right now, it really gives us an opportunity to help to shape Kahana where the people are making the choices, not the state," said Lena Soliven, who faced eviction from the valley in October.

The bill places a two-year moratorium on any evictions, allows for more leases to be issued and creates a panel to develop a master plan for the park.

Gov. Linda Lingle questioned the bill's legality and said she wanted the opportunity to fix it.

"I believe it is important to respect the attachment of certain families to the lands in the park," Lingle wrote. "As a result, I am affirming in this veto message my administration's commitment to not evict the families in the park ... as long as the persons residing in the park meet their lease responsibilities to participate in activities benefiting the park and do not engage in criminal activities."

Sen. Clayton Hee said he had concerns about the governor's affirmation.

"Quite frankly, the people she evicted didn't have leases so they wouldn't fall necessarily under this condition," said Hee, D-23rd (Kane'ohe to Kahuku).

The Kahana Valley living cultural park was created 30 years ago to preserve an intact ahupua'a. Residents living there at the time were given 50-year leases in exchange for 25 hours of work a month on cultural activities.

Last year, the state attorney general found that the law that created the leases had expired and six families without leases were told to leave.

Laura H. Thielen, director of the state Department of Land and Natural Resources, which oversees the valley, said HB 1552 exposes the state to tremendous liability and creates an unsafe environment at the park.

"The law is extremely troublesome because it explicitly prohibits State Parks from evicting any resident who conducts criminal activity in the park, including dealing drugs, assault and robbery," Thielen wrote in an e-mail.

Rep. Jessica Wooley, who introduced the bill, said the bill doesn't prevent prosecution of criminal activities.

"I will be happy to introduce a bill to remove the provision that raised questions next session," said Wooley, D-47 (La'ie to Kane'ohe).