Community Concerns for Big Island of Hawaii

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Private property is defined by ownership.

Wex legal dictionary defines it as, "Private property refers to the ownership of property by private parties - essentially anyone or anything other than the government."

Our private property ownership is strongly protected under the 4th, 5th and 14th Amendments to the U.S. Constitution, the Private property Protection Act of 2005, 2012,2017, and 2019; AND are part of our inalienable and International Human rights that cannot be removed.

The only way government can alter private property is through "eminent domain"; which the process requires it be benefit the public and the property owner be compensated for the value of their property.

If the land the government wants to acquire goes nowhere public or to any public facilities, then it does not benefit the public and therefore eminent domain cannot be exercised. 

This is where unConstitutional  Bills and Laws come into play by government officials whom know they eminent domain would not apply and create other avenues to take for unreasonable seizure of our private property, such as Hawaii County Bill 82 and State of Hawaii S.B. 2372, among many others appearing to any reasonable person to be violating our Constitutional rights under the 14th Amendment.

These types of Bills and Laws threatens private property ownership and would appear to any reasonable person to be blurring the separation of public and private property for nefarious purposes to unlawfully steal land. And therefore, the concept of private property ownership itself is jeopardised.

Most private subdivisions in Puna Hawaii have privately owned roads.

This image is a road in Fern Forest, which has 55 miles of private roads and totals over 231 acres of land valued at 4.6 million dollars if you charged $20,000 an acre.

No community association or government can control an individual's interest in their property. 

If they try, then they are unreasonably seizing control from the individual or corporation that owns  or co-owns the land and would appear to any reasonable person to be violating the 14th Amendment to the U.S.,Constitution; and stealing my property via taking away my control against my will.

It would also mean that since they forcibly took control against me will and forced me to "surrender" that this would appear to any reasonable person to violate the 13th Amendment.

Most private subdivisions in Puna Hawaii have privately owned roads.

They existed prior to any formation of community associations or even Statehood of Hawaii. Therefore, the government cannot control them, nor can a community association.

In real estate (we have a previously Hawaii licensed realtor on our team) when People own by tenancy in common and they cannot agree on something, then Civil Court is the avenue, not the government. For example, if 5 people own a lot and one does not want a road on it, then they have to go to Court as a Civil matter to settle the dispute. Whetehr 5 owners or 3000 the same clearly established practices are to go to Civil Court not have the government control it, or unlawfully seize it and give it to the community association.

Only the owner of the private property may control their interests in that private property. So, no government or entity that does not own my interest(s) cannot control it.

This goes for the controversy of the State and County of Hawaii attempting to unlawfully convert private agricultural subdivisions to nonagricultural use, through unlawful Bills and Laws( such as Hawaii County Bill 82, Ordinance 08-116 PCDP , and like the Ainaloa subdivision.

The Hawaii State Legislature keeps writing vague Bills and Laws that include agricultural lands subdivisions as "HOAs, Planned Communities, and Common Interest Communities"  to unlawfully apply residential Laws to agricultural lands.

Calvin Chang's ( a Deputy Chief Court Administrator First Circuit State of Hawaii Judiciary), Opinion Testimony to the Senate Committee on Ways and Means diplomatically informs the Senate that in order for a subdivision to be such it should have it the certificate of title/deed. Since the Fern Forest subdivision certificates of deeds state the land is private agricultural and the interests in the easements and roads are owned collectively by tenancy in common by the land owners. This was originated in Shipman's Land Application No. 1053. Nowhere in any of the deeds we reviewed does it state there are any such covenants of an HOA, Planned Community, or Common Interest Community. READ the Calvin Chang Opinion CLICK>>>HERE.

 This does support the Claim that the government is unlawfully blurring the separation between  : Agricultural and Nonagricultural lands, Public and Private properties, AND Government and Corporate interests.

Agricultural lands are important to self-sustainability; especially on an island with limited shipping that is not guaranteed. In 2006 we did not have ships docking for two weeks due to an earthquake damaged the harbor. Read about it CLICK > HERE.

So, we need to be able to produce enough food to sustain ourselves.  

Plus, the Big Island is called the "Orchid Isle" and the "Agricultural Isle"  and is the breadbasket of the State of Hawaii. Hawaii island produces a lot of beef and other foods.

We currently impost 85% - 90% of our food as it statistics go. To read more CLICK>>>HERE.

Here is. a Civil Beat new article link that discusses how Hawaii is lacking in its need to produce more food. CLICK>>>HERE.

Preservation of agricultural lands are key to our future and for generations to come.

Currently agricultural lands are in jeopardy. The Constitution and Agricultural Protection Acts are being ignored by the government  and corporations.

For example, the Anialoa subdivision was unlawfully converted to non-agricultural use by the Hawaii County Property Tax Office. See Exhibit #4 from the "Bill 82 Injunction" page accessible from the menu or from the button black rectangle below.

This is odd when zone changing is not part of the duties of that Office, but is the Planning Dept's arena. 

Further, the Tax Office unlawfully changed the zoning based on land values and not usage which is how zoning is defined. And it was all done without land owner participation. This would appear to be any reasonable person to be fraud, violations of the 4th, 5th, 13th, and 14th Amendments to the U.S. Constitution, unreasonable seizure of control of private property, violate the Farmland Protection Act,Agricultural and Food Act of 1981, etc...

Still further, County of Hawaii Planning Dept. Director Zendo Kern's statement at the August 25, 2023 Volcano Cooper Center meeting about the process for zoning conversion explained there is a process and not once was the Tax office named as a part of that process. (We do have a copy of that video.)

There is the added conflicts of interests with Zendo Kern being a Director on the Planning Dept, owning land in fern Forest with "Clearstar" and owning multiple development businesses. You can read more about that by clicking on the black button below titled,"Bill 82 Injunction".

Then there is the controversy that comes with unlawfully altering agricultural lands

violating Antitrust Laws like the Sherman Act, the Clayton Act and the Federal Trade Commission Act with my regards to expressed, implied and all warranties that comes with the sale transaction of private property. For example, if a real estate property deed  lists the private lands as agricultural., then I expect it to be and remain agricultural because it was purchased under that warranty of being agricultural.

If there was intent to convert the land before it being sold as agricultural, it would appear to any reasonable person that it is fraud, conspiracy, Antitrust violations, land speculating, deception, wrongdoing and misconduct, etc... 

AND would mean I was sold defective merchandise.

 Public corruption is on the minds and lips of most everyone we interview.

The mailbox scandal was a huge one,CLICK>>>HERE to read more;

but there have been many more. Some officials were convicted of crimes and even continued to sevre as a government employee, such as Bill Wong. To read more CLICK>>>HERE.

There are several good books we recommend for reading up public corruption and how it threatens democracy :

1." Land and Power" by George Cooper and Gavin Daws

2. "How Dictatorships Work" by Barbara Geddes, Joseph Wright and Erica Frantz

3. How to Stand Up to a Dictator Fight for Our Future" by Marissa Resssa (winner Nobel Peace Prize)

Many people have expressed concern for loss of our local culture due to so many new people moving to our island.

There is concern for the preservation of ALOHA.

There is concern that those newcomers will impose their ideals upon those whom have lived here before them; and we have seen this happen with community association board members.

We also have heard from people in many interviews that if newcomers don't know the culture here, that they should make an effort to "when in Rome as do as the Romans do" and learn our culture.

Another one of the main complaints about newcomers we hear is that they clear cut their entire parcels(s) and make it look like the same suburbia that they left. Why did they leave and come here to make everything just like where they left ? Why move here ? Most people we interviewed moved out to rural areas to get away from the city and residential life; and they do not want their way of life changed from laid back agricultural to residential. And by clearcutting to look residential, it is upsetting many land owners whose culture is rural.

There is also the culture of waving at your neighbors when you pass them on the road.

Plus, it is important to get to know your neighbors in case there is an emergency.

For example, we have volunteer fire departments that will arrive on scene before the County. They will hook up to your water tank to fight a fire. Also, your car might be broke down and you need help. And then there is just the social aspect and trading farm goods with each other. (Sidenote: More than one water tank is a good idea.; especially since the decaying plant layer on the forest floor is very flammable and can run down lava tubes and pop out miles later)

Many people are worried about what to do in case of a disaster; especially since the Lahaina Maui fires. There were actually 6 different fires on two island simultaneously. Also, the earthquake of 2006 that stopped ships from docking for two weeks, or the pandemic, etc...

This is why we need to be as self-sufficient as possible. We need to preserve agriculture for sure.

We need to stock up on medicines and medical supplies, food, water, etc...

We need each other, our neighbors are important because the government is not going to save you. The County of Hawaii even stated this in the August 24, 2023 Volcano Cooper Center meeting that we have on video and your neighbors are the closest people to you for help. CLICK>>>HERE to see the entire meeting.4