Category Archives: Hawaiian issues

Squatters buy time by bluffing HPD

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Armed Honolulu police officers arrived on Wednesday to enforce a court order and evict a group of tresspassers who have been illegally occupying 30-acres of land in an agricultural subdivision in Kunia for more than nine months.

They were greeted by several people, including Travis Mokiao.

“This is my private property,” Mokiao announced confidently.

Mokiao claims an undivided interest in the property because he has traced his genealogy back to the original recipient of a land grant covering the area awarded following the Great Mahele of 1848.

Police eventually left without clearing the squatters from the property, although Mokiao’s claims are wrong on many different levels.

First, Mokiao’s claim to an “ownership” interest in the property was dismissed by Circuit Court Judge James McWhinnie after six months of court proceedings, who then issued an order directing police and sheriffs to eject the squatters and return the property to its owner, Guyland LLC.

Mokiao was able to bluff police by presenting documents that had been filed in court tracing his family back to the original landowner, although McWhinnie had already determined that those same papers did not support any claim to the land. Mokiao did not, and could not, present a conflicting court order because there is none.

Second, Mokiao told police they could not take further action because there is a pending case in federal court. However, court records show that federal case was dismissed within one day of its filing.

Mokiao also repeatedly cited a state law which, he alleged, supported their land claim.

In previous court filings, Mokiao referenced Section 172-11 Hawaii Revised Statutes.

§172-11 Land patents on land commission awards; to whom, for whose benefit. Every land patent issued upon an award of the board of commissioners to quiet land titles, shall be in the name of the person to whom the original award was made, even though the person is deceased, or the title to the real estate thereby granted has been alienated; and all land patents so issued shall inure to the benefit of the heirs and assigns of the holder of the original award. [L 1872, c 21, §1; RL 1925, §568; RL 1935, §1587; RL 1945, §4641; RL 1955, §100-11; HRS §172-11]

Of course, a plain reading of this statute confirms that land rights follow the heirs or “the assigns of the holder of the original award.”

If the original holder assigned all of their rights in a proporty to another person by sale, gift, or inheritance, the person those rights were assigned to would then own the property, and not the heirs of the original holder, who would no longer have property for them to inherit.

And that’s why genealogical claims to property, in the absence of a valid title search confirming the chain of title, are irrelevant to determining modern property rights.

At this point, Guyland LLC has been determined to be the legal owner of the property, and a court has ordered police to clear the property of the trespassers and their belongings.

HPD’s decision yesterday to withdraw without removing the trespassers appears to be without a valid basis. I’m sure that a lot of other landowners are watching and waiting to see how long it will take for this standoff to be ended.

Courts quickly reject attempts to delay eviction of squatters on Kunia ag land

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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.

Here’s a bit more background reading

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The latest land claim by the group backed by Occupied Forces Hawaii Army reminds me that I’ve been writing about the various doings out on the sovereignty fringe for a long time.

I did a quick search this morning, and easily found quite a few, and there are others that I’ll have to search for.

Jump into any of them and I’m sure you’ll find something of interest.

Judge rejects “nonsensical” documents filed in Maui sovereignty scam case, iLind.net, 7-12-2911

Hawaii Monitor: Frivolous Claim Over Sovereignty Snags Homeowner, Civil Beat, 4-10-2013

On scams and the sovereignty narrative, iLind.net, 10-11-2013

Hawaii Monitor: Is Part of the Sovereignty Debate Just a Matter of Faith? Civil Beat, 3-5-2014

Ian Lind: Land Dispute Goes Back to Hawaiian Kingdom Days, Civil Beat, 6-24-2015

Kingdom of Hawaii vs The Hawaiian Kingdom: Letter alleges deliberate misrepresentations by Keanu Sai, iLind.net, 8-15-2015

Be skeptical of those “Royal Patent” land claims, iLind.net, 2-10-2018

Ian Lind: The Crazy Lease Fight Over Molokai Mule Rides, Civil Beat, 4-16-2018

The once-and-forever land title theory loses again

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I have another story published by Civil Beat this morning (“Group Occupying Honolulu Pot Farm Faces Deadline To Move Out“). It’s a follow-up to an earlier story published on Tuesday.

Since the earlier story was published, the official court orders were signed giving the property owner, Guyland LLC, authority to retake possession of the property. Meanwhile, one of the participants in the long-running occupation of the property who has been documenting the situation on Facebook and Instagram, shared photos of the arrival of additional uniformed “troops” from the Occupied Forces Hawaii Army to join in the defense of the property.

In addition to their belief that land can only be legally transferred “by genealogy”, recall that members of OFHA have been indoctrinated with the idea that they are members of a legitimate military at war with the United States, and that therefore they can demand special treatment under the laws of war as “protected persons.”

Fantasy law meets the real legal system. The results aren’t likely to be pretty.

It’s a shame, really. Those taking part in this occupation really believe they have a title to the area grounded in “heirdom,” a genealogy that can arguably be traced back to the original land patent holder. It’s a theory that gives hope to many dispossessed Hawaiians. Unfortunately, it is simply “pie in the sky.”

Lingering questions: Where do they get these ideas? Is someone peddling them? Does someone make money out of this kind of misinformation? Here’s a connection I found of interest.

One of those participating in and documenting the land grab, Moleka Hicks, sent a letter to the court in a separate case in which he has been charged with obstruction government operations.

It turns out this is borrowed from what is referred to as the sovereign citizens movement, a fringe anti-government movement on the US mainland.

When I went looking for other examples, I found this virtually identical letter filed in the case of James Beeks, who is facing charges for his participation in the January 6 insurrection at the US Capitol. Here’s a copy of his letter filed with the court in that case.

Go figure.