Posted on: Friday, October 11, 2002

Developers must keep ancient sites in mind

The clash between bulldozers and ancient relics is hard to avoid in these Polynesian islands where thousands of burials are unmarked and ancient trails and heiau don't always make it onto state maps.

So it's no surprise that Kona's planned Hokuli'a luxury home and golf course retreat has been challenged every step of the way.

Native Hawaiian groups and others have taken the developer to court over numerous problems, from a sediment spill that sent tons of mud into the waters to the treatment of burial sites and a shoreline hill that is believed to be the final resting place of Hawaiian royalty.

Sure, all these complaints are a drag for the developer, but that's the risk of building in Hawai'i, where state and federal laws to protect ancient sites have some teeth — as well they should.

That said, it's encouraging that one dispute over the Hokuli'a project has been resolved. Circuit Judge Ronald Ibarra has ruled in favor of plaintiffs who want to restore an ancient Hawaiian trail that crosses part of the development.

Because the trail was not on state maps, the state allowed the developer to dismantle 380 feet of the trail.

But Ibarra found that the trail is a public highway whose ownership is vested in the state and ordered that it be restored immediately for public use.

Even John De Fries, president of Hokuli'a, praised the ruling for determining the ownership of the cultural site and clarifying the situation.

That proves that these disputes don't have to be a win-or-lose situation. There's no reason why developers can't adapt their plans to include ancient sites, even take advantage of them as points of historic and cultural interest.

Take the case of Maui's Ritz-Carleton resort, which was originally set to be built at Kapalua Beach. In the late 1980s, more than 1,000 sets of ancient Hawaiian remains were unearthed there.

In response to protests from Native Hawaiians, the state intervened and the developers agreed to build away from the sand dunes where the remains had been buried.

The controversy spurred the hotel to incorporate a reverence for ancient Hawaiian customs and remains as part of its cultural program.

Developers of the Hokuli'a project should keep that in mind as they move forward with their 730 luxury home and golf retreat near the stunning and spiritual Kealakekua Bay.