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MEO clears disputed site of future housing project in Waiehu

The Maui News

Maui Economic Opportunity cleared a site in Waiehu on Tuesday where it hopes to eventually rent out affordable apartments but where some residents say their families have rightful claim to the land.

A 100 percent rental housing project for low-income Maui residents is planned for the 11-acre site near the intersection of Kahekili Highway and Waiehu Beach Road. It would include 120 units with one, two and three bedrooms that would be available to Maui residents earning 30 percent ($21,230 for an individual) to 60 percent ($42,460) of area median income. Those earning 30 percent of area median income would pay rents of $569 a month for a one-bedroom unit and $789 for a three-bedroom unit.

It was supposed to break ground in 2021 but MEO said individuals have been trespassing and sometimes living in tents on the property. The nonprofit served a notice to vacate to trespassers in 2021 and a second notice on Oct. 17, which prompted a public demonstration near the property in October.

MEO said it cleared the property on Tuesday with assistance from the Maui Police Department and that the property was unoccupied at the time.

“Police assistance was used as a last resort after all other options had been exhausted to resolve the situation,” MEO said in a news release. “In addition to hampering efforts to create new affordable housing for local families, the trespassing has created hazards and unacceptable health and safety risks at the property.”

MEO said that the 2nd Circuit Court recently affirmed the nonprofit has a “possessory and title interest” in the property. MEO maintains that it has a clear chain of title dating back to King Lunalilo and thus has the right to exclude trespassers from the property to move the housing project forward.

Trespassers have been notified that they are on the wrong site — based on a Land Commission Award number, “3386,” which they have posted on signs at the site, MEO said. The Office of Hawaiian Affairs-managed website Kipuka, which indexes government records with images of documents, maps and photos, shows LCA 3386 as being near the Waiehu shoreline, MEO said.

“In addition, the trespassers have focused solely on the 11-acre MEO property, while making no claims on surrounding land, which originally were all part of a larger property and ahupua’a that have been subdivided over time,” the nonprofit said.

A family identifying themselves as the heirs of Pehuino says the property was granted to their ancestors through a Land Commission award during the Great Mahele.

A news release from family liaison and advocate Noelani Ahia on Tuesday said that while MEO had judgements in their favor when it took two individuals to court for trespassing last year, the judge said that they would not have enough evidence if this had been a quiet title action.

“The crux of the issue now is that MEO believes they ‘won’ the lawsuit, but their lawsuit does not allow them to encumber any of the other heirs or the steward for an heir,” the news release said. “Any additional ohana on the land would need to be sued separately unless MEO does a quiet title action, which they refuse to do.”

The family also questioned MEO’s use of the Kipuka database, pointing out that the maps and data are provided “as-is” and are not legal surveys or legal descriptions. On the Kipuka website, OHA “explicitly disclaims any representations and warranties as to the accuracy, timeliness or completeness of maps and data,” explaining that the data comes from multiple government sources and may contain errors.

The family says it’s claiming more than what’s on the website.

“To insinuate over and over that the ohana doesn’t know where their own land is shows an offensive disrespect for native people and at worst a continuation of settler colonial violence,” the news release said.

MEO said it has reached out to a local shelter provider to assist anyone in need of relocation assistance as well as the Maui Humane Society to care for any animals left on the property. Belongings will be held for 30 days and can be recovered by contacting MEO at (808) 243-4316.

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