Presentation Transcript

1. Overview of the State’s Settlement Proposal for “Income and Proceeds” of the Public Land Trust Due the Office of Hawaiian Affairs Please send comments or questions to: kakaako.comments@oha.org Settlement
2. Settlement: $200MMOHA right to revenue: Constitution pro rata share Legislation 20% DFS airport $136, state hospitals $126, state afford. housing $36 Litigation, 87, 01, 06, leg. duty Political question, sovereign immunity2008 settlement signed: $200MM, KM 5, Kalaeloa, Hilo, $13MM Not enough community involvement Release language ? Going forward provisionsEconomy got bad 2009, 2010 Settlement
3. Writ of mandamus fall 2010Governor Abercrombie, David Louie Really want to do it? State’s offer: $200MM - KakaʻakoMakai 10 parcels; 30 acres As is Due diligence: value, environmental, title, use, 2005 work Only past due revenue owed to OHA, not overthrow claims Legislative approvalIf due diligence relatively ok, good settlement because: Can’t sue for it, only to compel legislature to address Difficult to enforce No right to interest Surrounding property is valuable & lots of future development Long term a good asset to turn over to future Native Hawaiian Government Low holding cost: no property taxes, income offset No waiver of other claims Low downside if accepted Settlement
4. Constitutional Provisions Section 4The lands granted to the State of Hawaii by Section 5(b) of the Admission Act and pursuant to Article XVI, Section 7, of the State Constitution, excluding therefrom lands defined as "available lands" by Section 203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the State as a public trust for native Hawaiians and the general public. Section 6The board of trustees of the Office of Hawaiian Affairs shall exercise power as provided by law: to manage and administer the proceeds from the sale or other disposition of the lands, natural resources, minerals and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 4 of this article for native Hawaiians; to formulate policy relating to affairs of native Hawaiians and Hawaiians; and to exercise control over real and personal property set aside by state, federal or private sources and transferred to the board for native Hawaiians and Hawaiians. The board shall have the power to exercise control over the Office of Hawaiian Affairs through its executive officer, the administrator of the Office of Hawaiian Affairs, who shall be appointed by the board. Settlement
5. State’s 2nd Proposal (Complete)December 2011 Settlement
6. KakaʻakoMakai Parcels A, B, C, D, E, F, G, I, K, and L Settlement
7. Parcels with Long Term Leases as of November 9, 2011 AAFES Building (DAGS) 2018 Honolulu Marine 2021 Keiki Fishing Conservancy 2074 Radio Tower 2035 Pacific Biosciences Research Center 2030 John Dominis 2042 Settlement
8. Parcel A: 1011 Ala Moana Boulevard and Kewalo BasinFisherman’s Wharf Restaurant and Open Lot A Total Land Value: $34,980,000 TMK: 2-1-58-95, 125 Land Area: 5.082 acres Zoning: WC Density: 1.50 Height Limit: 65 Settlement
9. Parcel B: 123 ʻĀhuiStreet and 113 ʻĀhui Street Boat Works B Total Land Value: $17,750,000 TMK: 2-1-58-2, 35 Land Area: 3.15 acres Zoning: WC Density: 1.50 Height Limit: 65 Existing Long Term Lease with Honolulu Marine 2021 Settlement
10. Parcel C: 59 ʻĀhuiStreet and ʻĀhui StreetVacant Lot C Total Land Value: $13,820,000 TMK: 2-1-58-124, 126 Land Area: 2.041 acres Zoning: WC Density: 1.50 Height Limit: 65 15,000 sq. ft. leased to Keiki Fishing Conservancy (18%) Settlement
11. Parcel D: 45 ʻĀhui Street and 53 ʻĀhui StreetJohn Dominis Restaurant D Total Land Value: $7,400,000 TMK: 2-1-58-48; 2-1-60-13 Land Area: .938 acres Zoning: WC Density: 1.50 Height Limit: 65 Long Term Lease to John Dominis 2042 Settlement
12. Parcel E: 919 Ala MoanaBoulevardAAFES Building E Total Land Value: $17,160,000 TMK: 2-1-58-6 Land Area: 2.22 acres Zoning: MUZ Density: 2.50 Height Limit: 400 (assuming height limit change) Leased to State Department of Accounting and General Services 2018 Settlement
13. Parcel F: 160 ʻĀhuiStreet F Total Land Value: $30,660,000 TMK: 2-1-60-5 Land Area: 4.613 acres Zoning: MUZ Density: 2.00 Height Limit: 200 Settlement
14. Parcel G: 160 KōʻulaStreet G Total Land Value: $18,470,000 TMK: 2-1-60-6 Land Area: 2.546 acres Zoning: MUZ Density: 2.00 Height Limit: 200 Kōʻula Street Extension Settlement
15. Parcel K: End of ʻĀhui StreetPoint Panic K Total Land Value: $11,420,000 TMK: 2-1-60-1 Land Area: 1.584 acres Zoning: WC Density: 1.50 Height Limit: 65 Settlement
16. Parcel I: Ala Moana Blvd I Total Land Value: $23,900,000 TMK: 2-1-15-53 Land Area: 3.336 acres Zoning: MUZ Density: 2.50 Height Limit: 200 Settlement
17. Parcel L: End of Keawe Street L Total Land Value: $21,930,000 TMK: 2-1-15-51 Land Area: 5.224 acres Zoning: MUZ Density: 0.60 Height Limit: 45 Currently used as a shelter for homeless persons Probably ceded lands Settlement
18. Summary of Conclusions Settlement
19. Master Plan Proposed Profiles Settlement
20. Ownership of Neighboring Parcels Settlement
21. Next Steps Community discussions OHA due diligence investigations and possible opt out Preparation and approval of settlement documents Legislative approval Settlement
22. Due Diligence Process The Trustees of the Office of Hawaiian Affairs have a legal duty and fiduciary obligations to exercise utmost care in taking actions as a Board. This Duty of Care includes performing due diligence prior to the acquisition of real property to ensure that any settlement mutually agreed to is prudent and in the best interest of the trust beneficiaries. Due diligence is the act of performing a reasonable investigation into the facts and circumstances of a transaction to ensure a full and complete understanding of the transaction and its impact on the Native Hawaiian Trust Fund. Identify legal barriers Identify title issues Identify environmental issues Identify other issues Settlement
23. Legislative Approval The State and OHA have reached an agreement in principle, subject to Legislative approval. This would finally and completely resolve any and all claims relating to OHA’s share of Public Land Trust revenues under Article XII, Sections 4 and 6 of the Constitution, from November 7, 1978 to July 1, 2012. The State and OHA agree that a $200 million approximate settlement amount represents a reasonable compromise of the disputed claims. The State would convey lands at KakaʻakoMakai to settle these claims. No cash would be paid. Settlement
24. Historic Views of KakaʻakoMakai Settlement
25. Historic Views of KakaʻakoMakai 1817 map by Otto von Kotzebue, commander of the Russian ship Rurick, showing area *Note: a portion of the foreigner’s cemetery where Isaac Davis is believed to have been buried and that John Papa ‘Ī‘ī associates with “Kewalo” is located in the middle of the right side (labeled in Russian as “Kладбище”) Settlement
26. Historic Views of KakaʻakoMakai 1825 map of “South Coast of Woahoo and HonorurouHarbour” by Lt. Charles Malden, showing area (Registered Map No. 431, Hawai‘i Land Survey Division) Settlement
27. Historic Views of KakaʻakoMakai 1855 map of Honolulu by Lt. Joseph de LaPasse of the French vessel, L`Eurydice; project area is adjacent to area labeled “Pecheries” (“Fishponds”) (map reprinted in Fitzpatrick 1986:82-83) Settlement
28. Historic Views of KakaʻakoMakai 1881 Oahu Island Government survey map by R. Covington, showing area (Hawai‘i Land Survey Division, Registered Map No. 1381) Settlement
29. MAHALO This concludes this presentation. Please send comments or questions to: kakaako.comments@oha.org Settlement