Once we realized that Maui Land and Pineapple did not own these lands but that in fact our family did we began to look seriously at what other families have done to regain their kuleana. After contacting, those forces behind lands returned here on Maui, the Big Island and Oahu we took their work and tailored it to meet our needs.
Once we were sure our genealogical connection to each awardee was complete and correct and a thorough title search was complete, we prepared our documents and notified MLP of our claims. The initial contact was made via email and got us a phone call within 20 minutes from Kalani Ho, the Land Manager.
She asked me ‘What do you guys want everything we own on the west side?” I replied “no just what is ours”
We agreed to schedule a meeting within the next 2 weeks.
Present at this meeting was Kalani Ho, in her capacity as Land Manager and also Caroline Belsom, introduced to us as their title expert.
We were very surprised that they did not come prepared to defend their title to any of this land. At this time, we served them A Notice to Vacate and Comply. Never did they say to us that they would not be complying. They did ask for an extension of time, they wanted a 2 month extension. We asked why, they claimed they were busy with the pineapple shut down and that Kalani was busy completing the outsourcing of some of their operations. We agreed that yes, they are facing challenges but they actually have nothing to do with our claims. We also cautioned them that outsourcing in these areas should be discontinued in light of our claims. To continue to do so would only be causing confusion and complications. There was no verbal agreement to this but Kalani did nod her head signaling agreement. We did not agree to a two month extension as they requested. We said we will give them a 2 week extension.
We explained to them that we would really like to settle this out of court if possible. Not because we were afraid to go to court but because it is unnecessary. They both stated that MLP does not want to go to court and would prefer to settle this out of court.
During this meeting we stressed that we are open to discussion and would like to dialogue so we can reach decisions that are win win for all parties involved.
Before we left we asked MLP to come to the next meeting prepared to discuss their titles.
They explained that they might require more time as this required considerable research. We explained to her that we know they have all the paper required in their possession and that there was no need for additional time to research. They finally agreed that yes they have the research on hand and even a research team.
At the second meeting, we moved through each area separately and agreed to table the areas of Napili, Mailepae, Honokeana and Alaeloa for later.
Starting with Honokohau MLP explained how they believe they got title to this area. They have a deed from Ruth Keelikolani to Samuel Parker. However, she did not own the land. We showed them all the documents that supported our statement. Both sides of the table acknowledged how Princess Ruth was notorious for such acts. MLP made copies of all documents, these included notes from the Privy Council, the Supreme Court, archives and the Bureau of Conveyances.
Honolua was a lot easier to sort out. They handed us the same deed they used for Honokohau. Several pieces throughout the Hawaiian Islands are conveyed in this document. Nowhere in this document is the name or word Honolua mentioned. Not once! Baldwin, no one was ever conveyed this parcel, they just took it. They chased Hawaiians off the land and claimed it as their own when they had no basis for that claim. Once they managed to chase people off they systematically went about changing the title and/or locations of Kuleana in this ahupua’a. And yes we have established this fact. We understand the seriousness of that remark.
They are currently in court battling over a parcel on the bay floor were they employed one of these tactics. With the assistance of Patricia Nishiyama they purchased a very small interest and then moved to quiet title. A’ale pono.
Now Honokahua presented even another situation. They claim that Mary Sylva deeded the entire ahupua’a to them. To support their claim they handed us a deed that says it is recorded at the Bureau of Conveyances. We had never seen that deed and asked that we continue discussion on this area at the next meeting. They agreed and furnished us a copy.
We schedule the next meeting before we left.
Of course, we went straight to the Bureau of Conveyances to look at this deed. You might wonder why we just didn’t use the one they handed us, well when you look at it (its in the document section) you will see why. And we were correct. The deed filed at the Bureau is very different in appearance, wording and context.
The document furnished shows Mary Sylva’s signature as an X. The recorded document shows her actual signature. It is very important to note that her signature is recorded on at least 50 documents between the Supreme Court records and documents recorded at the Bureau of Conveyances. Some of them are even at a later date than the that of the deed handed to us.
She says in both documents that she is conveying to Baldwin all that land in Honokohau left her by her husband Anton. So of course, you have to check what he left her. According to his probate and will, recorded and stamped by the Supreme Court he owned 1000 acres in Honokahua, he gives 160 acres to Mr. Gasper and the remainder to his wife. So if the ahupua’a/award is for 2650 acres that means she didn’t get the entire ahupua’a. It also means, she could not convey the whole thing. So yes, they may own part of it but it is an undivided interest. They have knowingly been using lands that they do not have clear title to or 100% ownership of for collateral and to conduct business.
We never got to share our discovery with them as they cancelled the third meeting the day before it was scheduled to happen! Less than 24 hours prior.
They say it is our fault as we took another direction with the ways things were progressing! We are still not clear as to what they are talking about as we continued to assert our claims just as we did from day 1. We suspect that they got flustered and caught off guard when we reminded them that they had missed the extended vacate date. We reminded them of this and said we would be placing our signs and locks on our property. They didn’t like that but they knew it was coming and we have every right to do so we did. We did hold off until the third meeting but since they cancelled, we continued to move ahead.
As we removed their locks from the gates that blocked our entrance and placed our signs here they removed them. Well actually, they left them there for a little over 2 weeks. Then they began removing them. Every time we replaced them, they removed them. I felt like a little kid in school again! Anyway we kept at it and then one day we decided okay we are not buying any more locks we just need to secure the gates. And so we changed our method of securing the gates. We tied them close. We were not so concerned about others entering these lands as they need to get to their Kuleana through one of the gates and the hunters use this entrance as well. MLP continued to place locks on the gate, we continued to remove them daily. They know it was us, we told them and we left our sign every time with a name and phone number on it.
One day as I was checking out the lock situation I meet a security guard at the gate. She was putting out her chair and umbrella. So I introduced myself told her who I was and asked what she was doing. She said MLP had hired their company to secure the gates. So I asked from who and what. She said there had been break ins and they wanted to catch that person and stop it. So I thought okay here we go, I said to her, well that’s me, I did that and our sign tells them that.” I asked her where is my sign anyway? She said in the back of her truck. I told her she couldn’t take it, that was stealing and she needed to give it back. She did give it back. She asked me why I was cutting off the locks. So I told her and she said you are crazy everybody knows MLP leased this land for so long. Do you have a deed? I told her yes I have a deed and asked “did you see a deed from MLP before you went to work for them?” The tone changed. I let her know that I understood she was not in a position to make change and started to leave. She asked me for the lock and chain that I had removed. She said it was theirs and she wanted it back. Told her no, it was left on our property and before I could finish my sentence she pulled the sign right out of my hands and took it. These signs were turned into MLP and were seen in Kalani’s office.
Seems so childish but there is some real significance in this. I really wanted them to arrest me but they just wouldn’t! Anyway, we continued to go in and out of these areas right in front of the security people. They never tried to stop us. I got pictures of us going through the gate with them sitting there watching us and not uttering one word. I think this was a step at trying to intimidate us. Never work. They claimed to be sitting there for 24 hours. Poor things not only is it cold, it really comes alive at night there. This went on for about a month.
The guards were gone and the locks were off. MLP did not give up. They repaired one of the gates at Punalau as they geared up to lock it but never got around to finishing what they started out to do.
They decided to take another route. They were going to use the hunters. Such a bad idea and such a transparent one. They called a meeting of a select local hunters. At this meeting, they explained to the hunters they will be locking the gate but they could have a key for $25.00. They were also asking the hunters to be the police in the area and telling them they had the right to tell others to get out. Well the hunters and their families saw right through this and did not go for it. I heard the meeting turned out to be more of a screaming match. Some of the people questioned why they needed to have a key in the first place? Some of them own land that is accessed through the gate. Kalani Ho actually tried to tell one of those that asked the question that their land had been sold! Not according to the family. Not according to any records anywhere. The family still owned it.
The gates remain open today but I wouldn’t doubt that they try and lock or block them after they see this. We are prepared for that.
We go to the land everyday. On some of these trips we have seen people doing business in there. The Pineapple Express and Hailimaile Pineapple. Please go to the cast of characters and read about our efforts with them.
Everyday we are thankful that our kupuna have lead us to this discovery. We are often amazed at the behavior of those involved. Not only were they bad when they stole it they are even worse when they got caught.
They have no idea of what we would like or how we would like to settle this because they refuse to talk to us. That’s okay we know that what needs to be will be because the truth is the truth and it always comes to the surface. This process is guided by a force higher then any of us and it will not be denied.
Maui Land and Pineapple Caught with Stolen Lands 