Judge rules state owns canyon cabins
In some cases, the Kauai retreats have belonged to families for 100 years or more
LIHUE » About 100 leaseholders in rustic cabins on state land near Waimea Canyon received a tough blow when Kauai Circuit Judge Kathleen Watanabe ruled recently that their cabins, which have been in some families for more than 100 years, now belong to the state.
Watanabe, who made her decision after a two-day trial last month, said that when the cabin owners signed a lease with the state, they should have known that their cabins reverted to the state at the end of the lease.
The leases were supposed to run out in 2005, but they were extended to the end of 2006. And a recent decision has the cabin owners on a month-to-month permit until the court proceedings are settled.
The Watanabe ruling could allow the Board of Land and Natural Resources to put out to auction leases for the 100 parcels in Kokee State Park, a wooded area on the Garden Isle near Waimea Canyon.
The 40 or so leaseholders who sued the state are obviously disappointed, their lawyer, Daniel Hempey, said. But they were holding off announcing an appeal until the state decides what to do next.
"We are reviewing all of our options," Hempey said. "Whether or not we appeal depends on what the Board of Land and Natural Resources does at its next meeting."
The board apparently will turn to Kauai residents for input.
According to a Department of Land and Natural Resources press release, the department will hold a public meeting to discuss the cabins, as well as the overall plan for the Kokee and Waimea Canyon state parks, next Monday.
The release also stated that the meeting will emphasize the concern of the DLNR to maintain the "historical integrity of the cabins and parks" and that any new leases will include language to require their maintenance and upkeep to maintain the character of the area.
They will also receive input on whether the new auction should have preferences for Kauai residents.
Still, the current leaseholders may be out thousands of dollars if they do not win their cabins back at auction.
About 40 leaseholders had sued the state, saying that the taking of their cabins was unconstitutional without just compensation.
The cabins have been bought and sold over the past 40 years, but the land underneath the cabins has always be owned by the state.
When the 20-year leases were originally signed in 1985, a new provision was included, a surrender clause, which stated at the end of the lease, the leaseholder "will peaceably deliver possession of the premises, together with improvements, unless provided otherwise."
While the leaseholders argued the leases were ambiguous -- with contradicting paragraphs -- Watanabe said the language is clear and the state owns the cabins when the leases expire.
But, while this lawsuit ends, another suit was filed Friday by lawyer Roy Yempuku, a Kokee leaseholder, on behalf of himself and David Hagino, a former state legislator and current leaseholder. Their lawsuit argues that state law requires the DLNR must engage in direct negotiation with leaseholders at Kokee.
