On Friday, one of those who was arrested for trespass after occupying a part of a privately-owned agricultural subdivision in Kunia reaffirmed his belief in the proposition that most Hawaii land belongs to the descendants of those who received the initial land commission awards and royal patents some 170 years ago. It’s a false or mistaken claim that has fueled this and other land seizures around the state.
Moleka Malumaleumu Leaeno Hicks, whose legal name according to court records is Morris Nathaniel Hicks, was among those arrested when police cleared the Kunia property on July 2. He was charged the prior month to trespassing on the property after he was warned but refused to leave. He is scheduled to make a preliminary appearance in the Wahiawa District Court on Monday.
In his August 19 Facebook post, Hicks publicly asserted: “Royal Patents trumps Tax Map keys and limited warranty deeds,” followed by a happy face emoji.
It doesn’t seem to matter that no court, from the Hawaiian Kingdom through the present, has upheld this claim.
Hicks, who claims the rank of sergeant in Occupied Forces Hawaii Army, a group claiming to the the military force of the Country of Hawaii, received “orders” at the beginning of the year from OFHA’s leader, who goes by the name Col. Sam Lilikoi, to join the Kunia land takeover in order to provide “security.”
He and the other squatters claim that the land’s legal owner does not really hold title to the land, which instead is claimed to be owned by the many descendants of the original royal patent holder, despite the many legal transfers of title over the intervening 170 years. They believe each descendant holds an undivided lineal interest in the property.
It isn’t clear where Hicks and others have learned this false legal theory or why they appear to cling to it so tenaciously.
At some point, a legal hammer is going to drop and someone’s going to end up paying an unfortunate price for clinging to this discredited belief.
See:
How The Story Of The ‘Army’ That Illegally Took Over A Kunia Property Is Playing On Social Media,” Civil Beat, July 22, 2022
Hawaiian ‘Occupied Forces’ Group Ousted From Kunia Property By Police, Civil Beat, July 3, 2022.
Where the frivolity never ends, iLind.net, June 25, 2022.
Courts quickly reject attempts to delay eviction of squatters on Kunia ag land, iLind.net, June 15, 2022.
Group Occupying Honolulu Pot Farm Faces Deadline To Move Out, June 12,2022.
Standoff In Waipahu: Hawaiian Rights ‘Army’ Has Illegally Occupied A Private Pot Farm, Civil Beat, June 7, 2022
False beliefs about land titles fuel property takeovers, iLind.net, June 7, 2022.
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It should also be noted that Hicks is not Hawaiian, and publicly describes himself as African and Samoan. This is ironic since if he is claiming some ownership interest based on a relationship with a Hawaiian, then even under his own ridiculous theory that interest would be quite fleeting and extinguishable by any of the incalculable number of other Hawaiian descendants of the patent grantee from days of yore. (Which is just one of many good reasons why real estate law doesn’t work that way, not even Kingdom law — which obviously isn’t applicable now anyway, rendering his entire fantasy argument moot on its face to begin with).
Surely he’s sharp enough to realize that. And yet…
The squatters, like the TMT obstructors, win either way.
If they are appeased and allowed to remain on the land, or block construction, they achieve one immediate goal.
If they are prevented from doing so or get some women or old folks arrested for illegal acts, then they can claim to their followers, recruits, and supporters to be victims of a heartless, oppressive, racist, and illegitimate government, even if the truth is that they were treated with utmost respect, appeased, and coddled far beyond all responsibility or reason.
And the arrestees receive figurative merit badges from the like-minded for demonstrating their commitment.
It’s actually quite a cynical game, which even many true believer participants like Hicks probably don’t realize.
And by making some arrests on Mauna Kea and then backing down and allowing TMT to be blocked anyway, Gov. Ige inexplicably gave the obstructors a huge double victory that they probably never anticipated — they halted the project and can still claim oppression for some of the most foreseeable, gentle, respectful and reduced-to-ritual arrests ever seen.
Plenty of propaganda consumers in Hawaii and elsewhere buy into it without question.
There’s no indication that Josh Green, who actively undermined Ige’s stance on Mauna Kea, would be any different.
So this will be Hawaii’s future.
As for the Kunia squatters, they’re hampered for now by poor organization and excessive kookiness, but their ability to thoroughly convince their social media followers of virtually anything demonstrates that they still win in their own inverted reality.
Meanwhile: housing crunch, meth plague, lingering pandemic, health care crisis, mental meltdown, teacher shortage, fuel and electricity price hikes, rising cost of living, endless corruption, etc. etc. etc.
And it can always get worse.
Agree completely. This is so sad because there is nothing more important than our health…our physical health. Good nutrition, exercise etc. Being so focused on anti-TMT or the deadend of acquiring land as the Kunia squatters tried– all that takes away from focusing on health and projects like shoreline access also go by the wayside.
“In his August 19 Facebook post, Hicks publicly asserted: “Royal Patents trumps Tax Map keys and limited warranty deeds,” followed by a happy face emoji.”
One thing that Hicks should know right off hand is that a post on Social Media does not equate to that as a legal statement. In fact, another kooky person tries to express their opinion on social media all the time thinking that what they say, it is.
Donald Trump.
For him and hicks, the court looks at it the same exact way…they don’t consider their opinion in their decision insofar as its germaine to the case at hand.
But what does Tulsi think about all this?
What does Putin want her to think about it?