Would you, as an abutting private property owner to a PLDC development, like to be compelled to pay for infrastructure costs for the “public good”? See page 8, paragraph C.

If you refuse to cooperate, would you like a lien on your property?

Would you like PLDC to “recommend” to the Department of Land and Natural Resources (DLNR) board the “purchase of any privately owned properties that may be appropriate for development”? What happens if a private owner objects?

Are you feeling queasy about PLDC yet? Please read the Administration Rules to see the over-arching powers of PLDC.

Chapter 13-301

Chapter 13-302

Chapter 13-303

How did such an atrocious act miss the public radar?

Brief History

Senate Bill 1555
(authored and pushed by Sen. Donovan Dela Cruz and Malama Solomon) was enacted as Act 55 ~ Public Land Development Corporation (PLDC) by Governor Neil Abercrombie in 2011.

Act 55 establishes the PLDC as a State development corporation attached to the Department of Land and Natural Resources (DLNR) to develop public lands placed under the PLDC jurisdiction, including but not limited to existing open shoreline areas, conservation lands, agricultural lands, and small boat harbors, for commercial purposes to generate revenue for the State.

Act 55 allows PLDC to exempt development projects from regulatory oversight. PLDC now has over-arching powers to make optimal economic, environmental, and social use of Hawaii’s public lands.

The PLDC commission is now stacked with pro-development cronies.

To get an essence of what PLDC is about, scroll to 3:30 and see then-Rep. Abercrombie explain about land and money, owning, controlling, manipulating, income stream, and the like.

Quick Summary

The PLDC is authorized to:

Develop and implement public lands projects and facilities to create revenue-generating centers or where, through detailed analysis, opportunities exist to exploit potential local, national, and international markets.

Exemption from Lawful Development Requirements:

PLDC projects shall be exempt from all statutes, ordinances, charter provisions, and rules of any government agency relating to land use, zoning, and construction standards for subdivisions, development, and improvement of land; the construction, improvement, and sale of homes thereon; and special improvement district assessments or requirements PLDC Powers.

Acquire or contract to acquire:

All privately owned real property or any interest therein and improvements thereon determined by the PLDC to be necessary or appropriate for its purposes, including real property … in excess of that needed for such use … where other justifiable cause necessitates acquisition for the contemplated improvements

Recommend to the DLNR board the “purchase of any privately owned properties that may be appropriate for development”

Exemption from Taxation:

The PLDC shall not be required to pay state taxes of any kind.

PLDC, the Big Brother:

Abutting private property owners can be compelled to pay for infrastructure costs for PLDC “improvements” for the “public good”. PLDC foreign corporations will merely plan, build, and profit.

In other words, the government can now force you to pay for their cronies’ development schemes to ensure their profits.

PLDC’s initial meetings were constantly cancelled due to “lack of sunshine notice” protests from the public: http://hawaii.land.blogs.civilbeat.com/post/27353767369/pldc-meeting-canceled-trips-over-sunshine-law-again

PLDC started public meetings starting in Hilo on August 20, 2012 to supposedly “listen” to the public to improve their draft administrative rules, which currently do not protect Hawaii’s environment, communities, and cultural values.

Many like-minded citizens including Hawaiian groups and island Occupy groups have participated in bring these meetings to light. PLDC has heard unequivocal protests from Hilo, Kona, and Maui and to abolish PLDC!

Oahu’s public meeting is on August 29th – Wednesday 6:00pm.

Kalanimoku Building
DLNR Board Room 132
1151 Punchbowl Street, Honolulu, HI 96813

(Remember, if you swear, the meeting can be shut down. The hearing is for the administrative rules. One could begin by voicing objections to Administrative Rules 13 – 301, 302, 303 first.Tell PLDC – Abolish! Repeal Act 55! )

Will PLDC ignore the will of the people now that the public knows about it? Or, will PLDC continue to bulldoze through under the pretense for public good?

Hawaii’s legislators can no longer ignore the will of the people – the owners of these public trusts and assets. Unless the government practices sensible and strict accounting, there will never be enough revenue.

PLDC is not the cure.

Creating another bureaucratic fiefdom to usurp Hawaii’s public assets is not the solution!

Attempts by several legislators Faye Hanohano, Sylvia Luke, Jessica Woolley, and Tom Brower to Repeal Act 55 did not gain traction.

Non-Partisan Ohana Hawaii, a group of concerned citizens, is circulating a petition to Repeal Act 55. Please kokua.

Remember to ask the follow question of all candidates: Will you support the Repeal of Act 55?

Citizens will unite to take the government back!

More info:

http://hawaii.gov/dlnr/pldc/rules

DEADLINE for WRITTEN TESTIMONY on Administrative Rules Draft to PLDC is: SEPTEMBER 14, 2012 Please email your comments to: joy.y.kimura@hawaii.gov, randal.y.ikeda@hawaii.gov.

More resources:

http://hawaiiindependent.net/story/pldc-to-hold-hearings-on-proposed-admin-rules

http://hawaiisustainablecommunity.org/2012/08/what-exactly-is-the-problem-with-pldc-where-do-we-begin

http://kahea.org/blog/pldc-opens-the-door-to-unchecked-big-development

http://hawaii.land.blogs.civilbeat.com/post/19760152938/pldc-under-pressure-from-sen-dela-cruz

http://www.civilbeat.org/articles/2011/10/24/13421-ag-dlnr-back-pedal-on-problems-with-land-development-corp/

http://honoluluweekly.com/feature/2011/10/no-mans-land/

http://luc.state.hi.us/about.htm#HISTORY

http://www.civilbeat.org/posts/2012/03/08/15121-open-government-lock-down

http://www.civilbeat.org/reg/posts/2012/04/10/15467-should-hawaii-trust-politicians-with-their-sweetheart-exemptions-for-projects


About the author: Choon James is a real estate broker for over 20 years. She is a member of the Ko’olauloa Sustainable Communities Committee and Save Oahu Farmlands Coalition.


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