It didn’t take long for a group of squatters, who have occupied a section of agricultural land in Kunia for nine months, to lose two last-minute bids to delay or block their eviction.
The group, including two people claiming to be descendants of the original recipient of a mid-19th century royal land patent for the area, took over an initial 5 acre lot in September and barred agents of the landowner and lessee entry. Although lawsuits seeking to eject them from the property were filed in both circuit and district courts, the group has taken advantage of the slow legal process to expand their claim to the current 30 acres.
The group includes two people claiming to be descendants and heirs of the original land owner, one of whom is a uniformed member of Occupied Forces Hawaii Army (OFHA), until recently a little-known sovereignty group which claims to be the “military government” of the “Country of Hawaii.”
The occupiers claim “superior title” to the property based on a false belief that land can only be transferred to descendants of the original owner, in this case a Hawaiian who received a land grant for the area following the Great Mahele of 1848. The mahele overturned traditional Hawaiian land practices to allow private land ownership, and then distributed blocks of land, formerly controlled by the kingdom, to chiefs as well as to commoners.
Last week, Circuit Court Judge James C. McWhinnie signed a court ordered “Writ of Possession” directing law enforcement authorities to remove the group and their personal possessions from the 30 acres they have occupied since late last September.
On Monday morning, Travis Mokiao and Kaiulani Mokiao filed a motion asking McWhinnie to “stay,” or delay, the evictions he approved just last week. On Tuesday, just a day later, he tossed the motion out of court.
On Monday afternoon, Travis Mokiao tried a different approach and filed paperwork which sought to transfer the eviction case from state to federal court. It was also quickly dismissed by Federal District Court Judge Helen Gillmor just 24 hours later.
In the legal world, where even the simplest decisions seem to move at a snail’s pace, this was remarkably quick action.
Both the Mokiao motions were, in a word, frivolous, filled with pseudo-legal gobbledygook, including claims to be citizens of a foreign country protected from the imposition of US law by the international laws of war and military occupation.
In an application to proceed without paying federal court fees, Travis Mokiao said he was unemployed, has no cash, and received no income from any source over the past 12 months.
However, Mokiao described himself in the federal court filing as “enlisted and active with the Occupied Forces Hawaii Army C.A./M.G./J.A.G., under the command of Colonel Lilikoi, S. K. and now serve as Corporal for I CORPS OAHU and I am a Privileged Belligerent /Lawful Enemy Combatant…subject to Court Martial Proceedings and not the STATE OF HAWAII domestic civilian courts.”
Mokiao claimed the eviction lawsuit against them “is in violation of the Private Property-Postliminium Rights and Military Safeguard ordered by the Military Government of Country of Hawaii; Occupied Forces Hawaii Army.”
Similarly, in their motion filed in state court, both Travis and Kaiulani Mokiao argued “that this court does not retain the proper jurisdiction to make rulings against individuals holding the status of Internationally Protected Persons and Lawful Military Combatants….”
At the end of last week, additional members of Occupied Forces Hawaii Army had arrived at the site to assist the occupiers. One photo shared in social media on Friday showed ten uniformed OFHA members on the property.
However, there has been no indication that the group is violent or would use violence in their defense. Another OFHA member who is part of the group, identified as Moleka Hicks, said in a video from the scene that they are using the most “pono” or righteous means to assert what they believe are their Hawaiian rights.
There has been no indication when authorities intend to carry out the eviction and clear the area.
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It really is time to discern the status of the pakalolo crop on that property and whether the nonsense delay tactics are more intended to facilitate a mature harvest than to pursue any quasi-colorable claims of ownership that even these jokers don’t actually believe have any merit. And if any junk vehicles, derelict boats, leaky shacks, stranded toilets, piles of useless crap, or any of the other typical squatter accoutrements are left behind, will the fearless cosplay army be around to clean it all up, or will it be left behind for Caddyshack Rambo to deal with?
My ancestors farmed by the North Platte River and by the Volga River. They roamed the steppe with their animals, some of which probably have descendants. They dug valuable stuff up out of mines. All of that is now mine by the doctrine of whatchamacallit, postliminium.
By the “logic” of “whatchamacallit, postliminium” I can lay claim to the Kremlin, the Palace of Versailles, probably the Vatican, and most of Scandinavia.
I’m intrigued—what’s so compelling about this story. Sounds like a civil dispute based on opposing narratives of ownership. There are other (to me) far more significant incursions by powerful outside interests against Native Hawaiian land claims and genealogical interests — Save Koloa vs Meridien and Protect Hakipuu vs Kualoa Ranch come quickly to mind. But you choose to focus on a sovereignty group vs an entity employing the hot-headed Tom Berg. So what’s your agenda?
Thanks very much for this update.
The actions of these occupiers reads like a movie scenario.