Category Archives: Hawaiian issues

False beliefs about land titles fuel property takeovers

I started tracking down information concerning Occupied Forces Hawaii Army after an incident involving Commander Sam Lilikoi was mentioned in the federal criminal charges filed in April against Lindsey Kinney for making death threats against several people (“FBI Arrests Miske Witness After Waianae Harbor Confrontation“). Hawaii News Now then broadcast a story about Lilikoi’s history as a multiple felon in the early 1990s under his real name, Eric C.A. Nelson (“Feds link man accused of threatening Hawaii leaders to paramilitary sovereignty group“).

While searching court records, I found Occupied Forces Hawaii Army had been named as a defendant in a lawsuit stemming from the occupation of a 5-acre parcel of land above Waipahu, which led me to the case that was at the center of my story today.

Yes, it sounds a bit crazy, but there’s a false belief out there in the wild that land title can only be transferred by genealogy, transferring to one’s lineal descendants and, therefore, if you are able to track back to distant ancestor who received a land award back in the time of the Mahele in the mid-19th century, then you, as a modern descendant, can now move in and claim “superior” title that trumps modern land title.

And that false narrative is just one of the various nutty ideas being peddled.

It turns out this case, unfortunately, far from unique. Similar extra-legal takeovers of private property have taken place in different parts to the state. There’s more of this going on that most people realize.

There are, of course, legitimate challenges that have and will continue to be raised in cases of disputed land titles, including instances of falsified documents, improper adverse possession, or negligence that resulted in valid past claims being lost, overlooked, or ignored. The point is that these are challenges based on whether there is an unbroken chain of title behind any current claim of ownership, not a matter of genealogy.

And there have been other types of occupations of land as part of protests against development plans, against desecration of burial grounds, loss of public beach access, or displacement of residents. Those are different in kind from the claims of “heirdom” being heard now.

Here’s where I ran into problems reporting on the story.

Truth be told, I can’t help appreciating some of those involved on this craziness.

Key participants are passionate about the need to improve the lot of modern Hawaiians. They’re confronting the reality that Hawaiians are disproportionately impacted by poverty, unemployment, houselessness, imprisonment, health issues, and poor educations. They’re willing to sacrifice to improve their communities. They’re articulate, unafraid to stand up to authority. These are traits I’ve been impressed by and have to admire. If they weren’t enthralled with a bunch of nutty beliefs, including things that can easily be traced back to antigovernment groups on the US mainland and other conspiracy theorists, they could be very effective advocates.

But acting on the basis of these false beliefs about land title, some are now facing criminal charges that are no laughing matter. Felony charges are pending on Maui involving a similar land takeover, and one person in that case has pleaded guilty to 2nd degree burglary, a Class C felony, as part of a plea agreement with prosecutors.

Another incident in the same Maui case resulted in one man being shot during an altercation between a lessee and a group of “squatters” claiming ancestral kuleana rights.

I’m very concerned that these things don’t end well.

Civil Beat: Standoff in Waipahu

My latest story was published at Civil Beat this morning (“Standoff In Waipahu: Hawaiian Rights ‘Army’ Has Illegally Occupied A Private Pot Farm“).

As I explained here yesterday, I had to strip it down and stay on the central points in order to get something publishable while retaining my own sanity.

Enjoy your read, and I’ll be back later today with some additional context and my own thoughts after digging around in the case for well over a month..

Previewing a coming attraction

If you’re a regular reader, you’ll already know that I’ve been posting quite irregularly over the past month or six weeks. I can now provide a partial explanation.

It started back in April with two overlapping stories. The first, published at Civil Beat, reported the arrest of Lindsey Kinney, a witness in the Mike Miske racketeering conspiracy case. Kinney was arrested and charged for making death threats on social media against several people (“FBI Arrests Miske Witness After Waianae Harbor Confrontation“). A couple of days later, I posted a bit more information here about Occupied Forces Hawaii Army, a group that the FBI linked to the incident, and which apparently sees itself as the army of the Country of Hawaii (“Introducing Occupied Forces Hawaii“), albeit currently in a non-combat role.

Soon after that, I started trying to write about another situation that OFH Army is part of, and that led to further research about the group, its members, and its crazy belief system.

And there’s where I began stalling out. Every rabbit hole I explored led deeper, and on to other things, the web of crazy beliefs kept growing, and I really had trouble wrapping my head around it all. And, along the way, I was too focused on this story to post regularly here on iLind.net. Perhaps I’m not as good at multitasking as I used to be.

In the case of Occupied Force Hawaii Army, there’s a gargantuan dose of pseudo-legalistic flimflam that devotees have to swallow. That’s a red flag, for sure. When anyone asks their followers to believe the unbelievable, it’s a pretty sure sign that there’s a con or a scam involved. Usually it’s a matter of following the money. That’s a track I haven’t been able to follow yet.

It took me at least three weeks to decide that I needed to strip this story back to essentials, leaving the incredible details for subsequent follow-up.

I expect the stripped down story to appear soon, perhaps tomorrow, over at Civil Beat.

Once it’s published, I can fill in more of the essentials here.

Even old columns can be usefully recycled!

I’ve spent too much time the past couple of weeks working on a story that again involves claims relating to Hawaiian sovereignty.

It has involved working through a lot of silly claims made by with all seriousness certain sovereignty adherents who appear to expect that everyone else will simply agree to voluntarily participate in the suspension of disbelief.

But the process reminded me of a column published by Civil Beat a bit more than eight years ago which made a lot of people mad. Why? Because I treated some of the sillier sovereignty claims in an irreverent manner.

But I had fun rereading it, and expect some of you might as well.

Hawaii Monitor: Some Laughable Royalty Claims
By Ian Lind
Civil Beat 02/26/2014

Suddenly it seems we’ve got a bumper crop of Wannabe Royals staking their claims, however questionable, to wield power on behalf of what each says is a sovereign Hawaiian government tracing its roots back prior to the 1893 “overthrow” of the kingdom.

It seems like everywhere you turn, there’s another cult-like group formed around a charismatic central figure claiming sovereign rights and asserting that they and their followers are above the laws that apply to the rest of us. Pretenders, some might call them.

Their claims, of course, are conflicting and overlapping, leading to repeated attempts by certain sovereigns to undercut the claims of others, and vice versa.
Timid news coverage and a reluctance among many Hawaiians to publicly criticize these royal claimants for fear of hurting other more mainstream sovereignty initiatives that are also underway has resulted in the Wannabe Royals getting more respect and deference than they would otherwise merit.

Although far from politically correct, especially in an island state where the sovereignty narrative has been gathering steam, there’s a wonderfully instructive scene at the beginning of the classic 1975 British comedy, “Monty Python and the Holy Grail” that says a lot about claims to royal status.

Swirling mist fills the screen immediately following the film’s credits, and out of the mist come what sounds like the clippety-clop of horses slowly approaching. Two riders then emerge over a rise, appearing to be bouncing atop their trusty steeds. But as they get closer, the two — introduced as King Arthur and a trusty servant — are revealed to be on foot, skipping along in a child’s play version of a horseback ride, while the sound of horses hooves turn out to be the servant tapping out the rhythm by banging two coconut shells together.

A few minutes later, the pair “ride” up to several peasants working in a field, and Arthur announces boldly, “I am your King.”

A woman in the field replies: “Well, I didn’t vote for you!”

“You don’t vote for kings!” Arthur responds indignantly, and then turns to the question of just how one does get to be a king.

Monty Python’s Arthur, like the rival Hawaiian sovereigns, harkens back to a legitimizing myth, a historical narrative that claims to prove — to believers at least — their right to power.

In Python’s Holy Grail, it leads to a farcical back-and-forth with the peasants, members of a self-proclaimed “anarchist-syndicalist commune,” who are not about to bow down before the equally self-proclaimed “King of the Britains.”

“Who are the Britains?” the woman asks, and off they go to deconstruct Arthur’s claim to political legitimacy.

Sometimes claims of sovereignty in the “real” world don’t play out so humorously.

The Garden Island newspaper described how a meeting scheduled last month to discuss the possibility of a new 12,000-foot well tapped high into Kauai’s Mount Kahili was disrupted by angry opponents of the project.

According to the newspaper, a heavyweight role was played by Dayne “Aipoalani” Gonzalves, who has claimed the title of Alii Nui, or king, of what he calls the Polynesian Kingdom of Atooi. Some accounts credit Gonzalves and his appointed “federal marshals” for shutting down the meeting.

“Aipoalani” at one point left his seat and challenged the meeting facilitator and county water officials present, according to the newspaper’s account.

“I don’t recognize you guys on this land,” he said. “We in charge of this land, not you guys. You know who I am? I’m Alii Nui … You guys don’t have our permission. OK? We going to protect this, whatever it takes. You guys can call you guys’ police, you guys’ DLNR. But they gonna have to come see me, and us. We are the federal marshals of Hawaii.”

There appear to be legitimate problems with the proposed well, including dramatically escalating cost estimates and, as I understand, a less than full understanding of the impact of the new well on water flows in nearby streams and rivers. But these are dwarfed by the many levels of problems with Gonzalves’ claim that state and county officials have to “come see me” — the king — in order to do anything on his part of Kauai.

Let’s see. His right to grab the “Alii Nui” title appears to rest on his untested claim to be the “great-great-great-grandson of King Kamehameha I.”

Of course, even if his untested genealogical claim is true, it fails to address exactly why Gonzalves should be considered king rather than any of the other people with similar ancestral roots, likely numbering in the many thousands. The whole idea of declaring oneself “king” in this way invites retorts of the “sure, and I’m Jesus Christ” variety.

It’s likely Gonzalves is an effective community organizer and popular voice, but that’s a long way from claiming to be the king.

Combine the absence of legitimacy with the implied threats of “marshals” with badges claiming authority to enforce the “kings” orders, and I have to wonder whether the “sovereignty” idea is poised to usher in an era of regional “warlords,” each with claims to wield sovereignty within their own territory, and each rejecting local and state government authority?

It is interesting to see the Hawaii Supreme Court, which apparently shares similar concerns, has been slowly spelling out the limits of sovereignty politics. In the latest case of this kind, decided earlier this year, the court went out of its way to reject arguments made by members of one Hawaiian sovereignty group that they were exempt from state law because they are “citizens” subject to the laws of the Hawaiian Kingdom (State v. Armitage, decided January 28, 2014).

The case involved criminal charges filed against Henry Noa and two other members of the Restored Hawaiian Government (also referred to as the Reinstated Kingdom of Hawaii or Reinstated Nation of Hawaii) for landing on Kahoolawe in a demonstration they described as aimed at “reclaiming” Kahoolawe and all other public lands for their Reinstated Kingdom.

The Supreme Court dismissed the criminal charges on a technicality, but then took the occasion to systematically address the sovereignty arguments raised in this case and others.

The court acknowledged the state’s stated openness to resolving outstanding historical claims that might be asserted by Hawaiians based on the Legislature’s previous recognition of their “unrelinquished sovereignty.”

But the court said clearly that it could not, and would not, pick and choose among the claims of competing sovereignty groups.

“To date, no sovereign native Hawaiian entity has been recognized by the United States and the State of Hawaii,” and the court noted that there are “several” organizations vying for such recognition.

Whether or not an independent sovereign Hawaiian Kingdom exists is a political question and is not a matter for the courts to determine, the court ruled.
Only when a sovereign Hawaiian governing entity is recognized in the local, national and international arenas will it be granted the appropriate legal deference. Today, no group is able to claim such recognition.

The court also held that while the state Constitution protects “all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes,” building a native Hawaiian nation is not one of the fundamental rights protected by the constitution.

And the court noted that, contrary to a popular belief in sovereignty circles, “individuals claiming to be citizens of an independent sovereign entity are not exempt from the state’s laws.”

“’International law’ takes precedence over state statutes in only limited circumstances,” the court held. “These circumstances are not present when the dispute is concerned with domestic rights and duties.”

In addition, according to the court, the state “has a legitimate interest in the conduct of persons within its jurisdiction, and their conduct is amenable to reasonable state regulation, regardless of ‘international law.’”

I’m glad the Supreme Court has clarified the legal limits of popular sovereignty claims, and hope that we can restore our natural skepticism when this or that royal wannabe steps forward to test our credibility.

Reasserting our ability to laugh at them when they so clearly deserve it would be a welcome bonus.