Posted on: Sunday, September 5, 2004
COMMENTARY
Condo leasehold law hurtful to Hawaiians
By Adrian K. Kamali'i
The argument over condominium leasehold conversion has once again awakened from hibernation.
This time, the repeal of the city's leasehold conversion law — Chapter 38 — is being sought through a measure called Bill 53.
Our organization, Save Hawai'i's Children, supports this measure.
As a noncandidate, nonaffiliate grassroots political action committee, we are dedicated to protecting the interests of Hawai'i's children, particularly the children of Native Hawaiian ancestry.
Chapter 38 inflicts damaging consequences to Native Hawaiian children. That's why we are committed to Bill 53.
We are passionate about honoring our ali'i, the only monarchy in the entire world to leave most of their possessions and land tracts specifically for the future betterment of their people.
Chapter 38 allows government and private landowners to undermine the carefully crafted wills of Queen Lili'uokalani and Princess Bernice Pauahi Bishop, and sell their lands, their legacy to our children.
In the case of our ali'i trusts, selling the land is not always a viable option. Trustees and administrators are charged with keeping the trusts perpetual.
This means a decision may be made not to sell their lands, because continual annual revenue may be more advantageous than a one-time payment.
Public purpose is not served by condemning the lands of ali'i trusts, which serve thousands of families statewide. Nor is it served by condemning the lands of churches, which help feed our disadvantaged and guide people to righteousness. Public trust is not served by selling the land of families who have owned their property for generations.
In a report compiled by the Leasehold Conversion Task Force convened by the City Council last year, the lessee group failed to answer questions posed by council members.
The task force concluded there is no more need for a mandatory leasehold conversion law. There is no land oligopoly.
The issue of public purpose has been argued before the U.S. Supreme Court (Hawai'i Housing Authority v. Midkiff) in regard to residential leasehold conversion, and the high court upheld its "intent."
Public purpose has also been argued before an appellate panel in regard to the city's condominium leasehold conversion and once again the appellate court upheld the "intent."
But in both cases, the courts ruled on the basis that they substitute their judgment for that of local legislators.
We support honest home ownership, not taking of land from a private landowner and giving it to another private citizen.
We invite everyone to join us at 10 a.m. tomorrow near Saratoga Road and Kalakaua Avenue, when we will march through the streets of Waikiki.
Adrian K. Kamali'i is spokesman of Save Hawai'i's Children, a coalition of ali'i trust beneficiaries, Hawaiian organizations, small-business owners, real-estate professionals and others. Reach him at www.SaveHawaiisChildren.org.
