Under Hawaii Revised Statute §205-47, the Hawaii State government through the Land Use Commission (LUC), is attempting to force agricultural lands owned by Oahu local residents into a new classification of land, Important Agricultural Lands (“IAL”).  We believe that this proposed law is unconstitutional and a wrongful taking of land. This undertaking may force Kupuna, residents, and renters from living on their land. The process executed by the City and County of Honolulu did not follow the legal statute; and in addition did not include all landowners. This law will put private agricultural lands into government control while restricting the use of our lands for current and future generations. By signing this petition and submitting your testimony, you support our position and request that the State of Hawaii and City and County of Honolulu make IAL a voluntary process and allow the Hawaii citizens and landowners to rightfully choose if they desire their land to become IAL. IAL should not be forced on us.

UPDATE: OCTOBER 21, 20021 LUC EXECUTIVE SEEION: to consider Attorney General’s confidential response to LUC inquiry regarding legal matters related to City and County of Honolulu recommendations for the designation of Important Agricultural Lands on the Island of Oahu

To register: Thursday October 21, 2021
https://us02web.zoom.us/webinar/register/WN_3HRlJsCrQGWxVp1AhBylPg

Written testimony may be sent directly to dbedt.luc.web@hawaii.gov. Submitting testimony is the best action to engage and create change. 

North Shore properties proposed for IAL can be viewed in detail by clicking this link:  https://luc.hawaii.gov/wp-content/uploads/2021/02/IAL-Final-Figure-4.6.pdf

Additional deficiencies in the State and City and County process:

1. IAL may prevent future conservation easements, which has been a great vehicle to conserve land on the North Shore.
2. City and County of Honolulu did not contact landowners adequately to conduct an agricultural economic feasibility analysis on each property proposed in the map. This requirement is outlined in the LUC 15-15 admin-Rules10.19.19. Under 15-15-125 “B” “5” “D” Viability of existing agribusinesses.
3. IAL is trying to limit occupancy in dwellings to “actively farming” tenants only. This could profoundly affect the cost of leases and land and will limit Kupuna and other retired farmers from living on their land.
4. Large landowners like Kamehameha Schools, Castle and Cooke, etc. have designated 51% of their lands to be IAL while preserving the other 49%. Over 1800+ small landowners have not had the proper notification, understanding, or financial resources to navigate this process due to Covid and the complexity of §205-47. These landowners will be forced to contribute 100% of their land into IAL.
5. If our agricultural land becomes IAL, landowners will have to navigate the City and County’s arduous petition processes and will be forced to deal with the State’s already overburdened Land Use Commission. This will hinder the growth of future agriculture diversification by increasing the cost of maintaining and expanding the use of agricultural land.
6. If properties were purchased within the last three years, the new owners have had no prior notice of IAL.
7. The voluntary process for IAL allows landowners to employ a thorough, on-the-ground review process to identify important agricultural lands for designation. In contrast, for example, the City's proposed IAL lands were determined through mass analysis of GIS data and include lands that are currently paved or otherwise encumbered with improvements, lands that border residential neighborhoods, have steep slopes, poor soil conditions, or are unable to support infrastructure conducive to agricultural productivity (water, power, transportation to markets, etc.).
8. Kauai, Maui, and Hawaii counties chose not to submit IAL maps and force this on their citizens.