Protest has become angry
I think we should all step back for a moment and read the opinion letter from Barbara DeFranco re: the TMT. Her letter explains, very clearly, the importance of having the TMT here on our island.
Where has the aloha spirit gone? In the last few weeks I have noticed an increasing amount of hostility from the protesters (they are not protecting, they are protesting — let’s get that fact right) here in our local shops, markets and hardware stores.
I think it’s time for a political change. Our governor and our lieutenant governor and the rest of the circus is failing. It seems everybody on the mountain is drinking the Kool-Aid. Our paper Sunday clearly explained the myths. As the anniversary weekend of “Woodstock” ends — and I really was there — I have sadness. Where is the love and the peace?
This is not peaceful protection anymore. It’s become arrogant and angry.
Chris Danzilo
Waimea
Road tolls for thee
I am not licensed as an attorney or a real estate broker in the state of Hawaii.
Having said that, a prescriptive easement is defined as:
1. Open and notorious. 2. Continuous and non-interrupted. 3. Be adverse (of no benefit to the owner) and 4. Not consented by the owner.
In California, it has to be uninterrupted for five years, while in Hawaii it takes 20 years. But the Maunakea road still fits this description of a prescriptive easement, encumbering the legal owner of the road, and from where I sit, this means that anyone now has a right to access the road.
Taking this further, what this means for the state is that if the state does not own the road at this time, then they shouldn’t take ownership, as whoever does own the road is about to face a class action suit by the public and private sources for big bucks (as well as getting the road open again).
In particular, all the various entities that can prove that they have lost money by not being able to access the road can sue the owner of the road for damages (and even the general public can be part of this class action suit). So, if my logic is correct, then I suspect whoever does own the Maunakea road will end up paying a lot of money to somebody.
Carl Merner
Holualoa
Real leadership needed
The Maunakea Thirty Meter Telescope impasse has been dragging on for almost a month already. The TMT project has polarized the community against each other, and work at the existing telescopes has grinded to a halt. Yes, the telescope operators and the protesters reached temporary agreement that will allow vehicular access to the summit.
However, that access will be ultimately controlled by the protesters blocking Maunakea Access Road until this impasse is resolved.
The lack of government action to resolve this dispute makes me feel I’m living in a banana republic. We are a country of laws, which the state and County of Hawaii are failing to uphold. The TMT, along with all the lawful summit activities, are being held hostage. This point gets lost among all the rhetoric being spread through social media.
There is two paths forward — the protesters are forcibly removed by law enforcement, or a negotiated settlement takes place. If the protesters are forcibly removed it will leave an indelible stain on what makes Hawaii, Hawaii. It will also probably cause them to regroup in larger numbers in the summit area.
But, on the other hand, if the TMT is forced to leave, it will leave a lot of negative economic, and social, consequences also. As I stated above, the TMT has the legal right to start construction now.
This is why negotiations needs to start now between all the parties involved in this impasse. Mayor Harry Kim has started these discussions, but he is dragging his feet while Rome burns. He has also stated that he doesn’t want any part of these negotiations, so I believe his efforts going forward are half-hearted at best. These negotiations need someone from the Hawaiian community bring these diverse groups together to the table.
As it stands now, the state and county of Hawaii are being depicted as spineless on the world stage because of their inaction in this matter. There is a real opportunity here to change that narrative, without resorting to violence, by bringing all the parties together now for settlement talks.
Aaron Stene
Kailua-Kona