Mauna Kea: Maui County Official Says UH Lease to TMT “Invalid”

WAILUKU, Hawaii – In her second letter to University of Hawaii President David Lassner, Maui County Councilmember Tamara Paltin has reiterated her concern over what appears to be the invalidity of General Lease S-4191, originally granted to University of Hawaii by the Board of Land and Natural Resources in 1968 and now subleased to TMT.

President Lassner assured Paltin in his July 18th response to her July 12th letter that “the project has all approvals required by law.” However, his brief correspondence did not address the concerns for native tenant rights and the war crime of destruction of property presented in Paltin’s original letter.

Councilmember Paltin reminded President Lassner that the general public’s understanding of Hawaii’s legal and political history has evolved significantly since the lease was originally granted to the University of Hawaii. In her latest letter, Paltin has suggested that the information that has come to light since 1968, including that found in the Apology Resolution of 1993, sets the general lease in a new context.

Referencing this new understanding of Hawaii’s legal history, Paltin wrote, “The United States Congress, in its Apology Resolution in 1993 (107 Stat. 1512), admitted…the so-called transfer of Hawaiian government and crown lands, which included the ahupua‘a of Ka‘ohe, to the United States in 1898, was done ‘without the consent of or compensation to the Native Hawaiian people of Hawai‘i or their sovereign [Hawaiian Kingdom] government.’” Therefore, because the transfer of property occurred without consent, Paltin continued, the sublease to TMT is invalid.

Councilmember Paltin once again requested that President Lassner have the University’s legal counsel review the assessment of the situation presented in her original letter and defend the validity of the general and sublease.

A full copy of Councilmember Tamara Paltin’s 07/26/19 letter to UH President Lassner can be located at mauicounty.us/paltin/.

7 thoughts on “Mauna Kea: Maui County Official Says UH Lease to TMT “Invalid”

  1. Tamara Paltin, Maui Council member, La ho`iho`i Ea, & “THANK YOU”….MAUNA KEA is “INVALID”….we, the Hawaiian Subject” have our vested right, since 1839, our declaration of rights by Kamehameha III, to everything in Hawaii.
    `ONIPA`A, Uncle Francis & Aunty Ceci

  2. Tamara Paltin, E KALA MAI IA`U…..what I mean is that “University of Hawaii” has NO Right to Lease out MAUNA KEA because “WE”, the Hawaiian Subject, has Vested Right to EVERY `aina IN HAWAII! MAHALO & ALOHA—-Aunty Ceci

  3. What i want to hear is what type of dirty tactics are going to be use by tmt conclusion of the so called 🇺🇸 law’s that is going to apply thats so sad that this people just don’t understand that we don’t want that dam scope tele on the Mauna Aloha waiting

  4. IT’s Simple!… TMT board members, UH President Lassner & supporters of tmt should “swallow their pride” and their “idiotic idea” and >>> GO to the Canary Island with their telescope(s)…. Mahalo!

    • The question is why haven’t TMT gone to the Canary Island. How has the TMT been here? 5 years, 10 years? Just tells you they not leaving. Cant get a judge to make them leave either. The question is Why? Now they don’t have to be bonded? Why?

  5. The Hawaiian Islands are territory of the Hawaiian Kingdom. I’ll try to be as clear as I can. “ HAWAII “ is is an organized corporation of the UNITED STATES. Let’s not look at the two as one and the same. “HAWAIi “ was incorporated in 1898 and is defined within the United States Code, Title 28, section 91. We all should understand that The “STATE OF HAWAII “ is the government for “HAWAII “ as defined in the USC 28 sec 91. The Government of the Hawaiian Islands is till today the Hawaiian Kingdom government and the Laws still prevails. Aloha

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