WAILUA — Native tenants remain on Coco Palms property over a week after their court-ordered ejectment date.
WAILUA — Native tenants remain on Coco Palms property over a week after their court-ordered ejectment date.
“State sheriffs are currently working with the property owner and the Kauai Police Department on this matter,” Toni Schwartz, public information officer for the state Department of Public Safety, said in a statement to TGI Monday. “As we work towards resolution with all parties involved, the occupants will be appropriately contacted.”
Chad Waters, co-owner of development company Coco Palms Hui, said those remaining on the property need to comply with the judge’s orders.
In Wailua, defendant Kamu “Charles” Hepa said things are going really well. They had a beach cleanup Sunday, he said.
The civil trial lasted close to two months, with co-defendants Noa Mau-Espirito and Hepa representing themselves.
Plaintiffs Waters and Tyler Greene, who own development company Coco Palms Hui, bought the land where the famed Coco Palms Resort once stood, through a special warranty deed.
Mau-Espirito and Hepa claim the land through a royal patent and ancestry. They argued their right to be on the property through a Supreme Court ruling that stated native tenants can’t be ejected from land if they’re using it for cultural
purposes.
In his ruling, Judge Michael Soong likened their takeover of the land as hostile. The Supreme Court ruling, Soong said, is for the right to access, to enter another person’s property to hunt, gather and exercise traditional religious and cultural
practices.
This is beyond a native issue. I notice yesterday that a Haole was sitting guard at the gate. Clearly not part of any royal patent. The access road across the street is so full of illegally park cars that it is no longer useful. Our visitor to the island that want to tour truly culture significant landmarks, Holoholoku Heiau, cannot there.
An interesting read…
Coco Palms, Facts and cited sources to back it up…
KEALI’I AKEN-BLAISDELL·WEDNESDAY, JANUARY 31, 2018
Someone asked me to share my mana’o regarding Coco Palms and what is taking place. So of course I will share my mana’o. References/cited resources at the bottom of page.
Now in the case of Coco Palms, the Kanaka are claiming (taken from court transcripts) to be an heir from the Kamehameha bloodline, and the other says he is an heir of Queen Deborah Kapule and Simeon Kaiu. Mau-Espiritu goes on stating on court record that the, “The title ownership is fictitious, because my cousin (Hepa), sitting right there, (pointing to Hepa), is the heir to Queen Deborah Kapule and the rightful owner of the land.”
We CANNOT fault the young Kanaka Hepa and Espiritu…I respect and highly admire their passion and protection for our `aina….but THEY are NOT the ones behind Coco Palms…I will post the two wahine responsible for not just Coco Palms…but all over the Hawaiian Islands…AGAIN, if you do your due-diligence, you will find the two wahine behind this…these young Kanaka were led astray by them…so….
Here are actual FACTS disputing their claims:
Simeon Kaiu, third husband of Deborah Kapule and father of Josiah Kaumuali’i dies in 1835; then…
Josiah Kaumualii dies in 1850 having no wife or child. Because he did not marry and did not have any children, his lands in Wailua was passed on to his mother Deborah Kapule. An 1850 Act to Regulate the Descent of Property both Real and Personal, Section 2, Para 2 states: “If the intestate shall leave no issue his estate shall descend one half to his widow, and the other half to his father and mother as tenants in common; AND IF HE LEAVE NO WIDOW, NOR ISSUE, THE WHOLE SHALL DESCEND TO HIS FATHER AND MOTHER, or the either of them if only one be alive…” Thus his lands had passed to his mother Deborah Kapule.
Kapule, being distraught after her son’s death, moved back to Waimea, abandoning her lands at Wailua where eventually, Kapule dies in Waimea in 1853.
FACT ONE: No Lineal descendants of Deborah Kapule exists today.
Deborah Kapule 100% cannot have any direct lineal descendants alive today because her ONLY SON Josiah Kaumuali’i, died in 1850 without being married and without having children. It is IMPOSSIBLE for a direct lineal of Deborah Kapule to even exist without her ONLY SON having any children to carry on the direct lineage. Again, Josiah Kaumuali’i MUST HAVE CHILDREN to establish a DIRECT LINEAL descent to Deborah Kapule…he died WITHOUT CHILDREN, thus ENDING any DIRECT lineage to Deborah Kapule.
FACT TWO: Percentage of Ownership in Kuleana Lands DOES NOT SKIP MULTIPLE GENERATIONS.
Hepa and Espiritu CANNOT have any kuleana percentage of ownership IF their grandparents and/or parents are still alive. Direct Lineal percentage of ownership of kuleana DOES NOT SKIP THE PARENTS who are alive, TO GO DIRECTLY TO THEIR CHILDREN. It does not work that way. THE ONLY WAY, HEPA AND ESPIRITU CAN HAVE ANY KULEANA OWNERSHIP INTEREST IS IF THE DIRECT LINEAL PARENT (EITHER THE MOTHER OR FATHER) HAVE DIED, AND THERE IS A WILL IN PLACE THAT NAMES HEPA OR ESPIRITU AS THE NEXT HEIR OF THE ESTATE. So any claim of ownership they think they have does not exist.
FACT THREE: IF JOSIAH KAUMUALI’I DIED WITHOUT ANY CHILDREN, WHO IS ISAAC KAIU?
Isaac Kaiu, is in fact the son of a Simeon Kaiu, but he is an entirely DIFFERENT Simeon Kaiu. Remember, Simeon Kaiu, the husband to Deborah Kaiu died in 1835…but Isaac’s mother is Wahinepo’ohina aka Wahine Kaiu. Isaac Kaiu is NOT the grandson of Deborah Kapule, it is IMPOSSIBLE! Josiah Kaumuali’i DID NOT GET MARRIED, NOR DID HE HAVE ANY CHILDREN. Issac’s father, Simeon, was born in Pu’uloa, Honolulu while his mother Wahinepo’ohina was in fact born in Wailua, Kauai. Issac Kaiu was born in 1886, so if Josiah Kaumuali’i died in 1850, how is it possible that Isaac is his son? And if the husband to Deborah Kapule Simeon Kaiu died in 1835, how is it possible for Issac to be his son? It’s not.
That’s right…Isaac Kaiu is the son of a different Simeon Kaiu…and NOT the son of Josiah Kaumuali’i , nor the grandson of Deborah Kapule.
So the question is, Do the Kanaka at Coco Palms have a valid legitimate claim and are they direct lineal to Deborah Kapule? The answer is no….if Josiah Kaumuali’i died without children, how can they have any direct line to Deborah Kapule? Answer is they can’t. Im sure there will be MANY who will dispute this but…prove me wrong and CITE your sources as I did.
SIDE NOTE: Even the garden island news got it wrong. In the article it continues to say “Kapule” descendants when describing Kapule’s relatives. EXAMPLE: I have a brother and a sister, THEY are NOT direct lineals of me…I have 3 children WHO ARE DIRECT LINEALS fro me. So Again, Garden Isle got it wrong when describing the relatives of Kapule. They are NOT Kapule descendants, but rather actual blood RELATIVES of Kapule.
*A LATER POST WILL DISCUSS WHO OWNS THE LANDS OF COCO PALMS.
REFERENCES:
Fornander, A. (1999). Fornander collection of Hawaiian antiquities and folklore: The Hawaiian account of the formation of their islands and origin of their race, with the traditions of their migrations, etc., as gathered from original sources. Honolulu, HI: Ai Pohaku Press. (Original work published 1913–1915)
Kauai Historical Society. (1934). The heiau at Wailua. No publication data available.
Kapihenui, J. N. (1861, December 26–1862, July 17). Moolelo no Hiiakaikapoliopele. Ka Hoku o ka Pakipika
Kamakau, S. M. (1992). Ruling chiefs of Hawaii (Rev. ed.). Honolulu, HI: Kamehameha Schools Press. (Original work published 1961)
Kamakau, S. M. (1867, January 12). Ka moolelo o Kamehameha I. Ka Nupepa Kuokoa.
Kamakau, S. M. (1976). The works of the people of old. Honolulu, HI: Bishop Museum Press.
Hoomanawanui, K. (1998). Wailuanuiahoano. Oiwi: A Native Hawaiian Journal, 1.
Hoomanawanui, K (2012) Hanohano Wailuanuiahoano: Remembering, Recovering, and Writing Place.
NO KA MAKE ANA O SIMEONA KAIU, Waimea September 26, 1835 – Ke Kumu Hawaii, Buke 1, Pepa 21, Aoao 165. Okatoba 14, 1835.
Penal Codes of the Hawaiian Islands, 1850
BUREAU OF CONVEYANCES
HAWAII STATE ARCHIVES
The Hawaiian Gazette from Honolulu, Hawaii · Page 7, 1890
Kauai: The Separate Kingdom by Edward Joesting.
Troy Hanohano Kauanoe Kinimaka Hoomanawanui Sherri Cummings Wilmont Kamaunu Kahaialii Kani Kahapea Leighton Ito Ka’iu Lambert Jan Kapi’olani Naumu DeRego Pete Sayer LB Labanon Kainoa Horcajo
Interesting and thorough.
What’s the point of having a comments section if you’re not going to allow comments?
This is disgusting already. How long is it going to take the police to do their damn job?
Judge Soong ruling has been made on this case. The property owner’s made the call to remove the squatters. Any other time or place, wow…fast the cops arrive with an overkill of squad cars for arrest everybody they see. But for some reason, over a week has passed and all we hear is excuses from the Department of Public Safety spokesperson. “The occupants will be appropriately contacted.” – GIVE ME A BREAK. Our law enforcement’s handling of this situation is embarassing to say the least. But then again, what can we expect from a police department who has solved 0% of the murders committed on this island and seems to have forgotten there still is a serial rapist among us. Great job KPD. Keep doing NOTHING while the “broken record” Chief keeps saying how “proud I am of the men and women in my deoartment.”
Kauai police look like democrats; allowing law-breakers to do whatever it is they want.
It’s to bad that we are wasting our tax dollars on this. Can’t blame Green and Waters that they have to keep on wondering what is going on. The property looks terrible. What a disgrace to see what they have done there. Typical stunt of low life’s actions. I suppose they think they don’t have to clean up the messes they have made. Don’t worry I’m sure they will leave it up to tax payers to clean it up. Maybe a law suit that will give them community service to clean everything before they are finally removed. Shame on you people I’ll bet your ancestors are rolling in their graves over your actions.
Racial Extortion? Call J.Jackson,he can help! He’s a Qualified Successful Representative in these kinds of Extortion Claims! Al Sharpton is another go to Guy!