Ka Iwi Land Sale Background
July 8, 2001
Contributed by
CEO Message
The property -- newly called the Ka Iwi Shoreline, but historically named
Ke Ala Kipapa - had been designated by the city and state for Resort and Commercial
development in the 1960's and '70's;
This designation prompted speculation at the time that the property could
be worth as much as $100 million - assuming full resort development during
a real estate boom;
The City changed the designation to Preservation in 1983, thus limiting
severely the possible economic uses for the land;
Kamehameha Schools and its lessee, Kaiser Hawaii Kai Development Corporation,
vigorously challenged this change with a lawsuit in1984;
U.S. District Court Judge Samuel King dismissed this suit in 1986, and
the U.S. 9th Circuit Court of Appeals upheld his ruling in 1990;
In 1991 the U.S. Supreme Court refused to hear Kamehameha's appeal of this
case, allowing the government's action to stand.
Given the reality of the Court rulings, followed in 1998 by the state's condemnation
of the property for public use, Kamehameha Schools obtained an appraisal of
the property that estimated the value to be $13.4 million. The state's appraisal
valued the property at about $10.9 million. A settlement between the parties
set "just compensation" at $12.85 million plus interest. In addition,
Kamehameha Schools retains the right to repurchase the land if the state ever
designates it as surplus property or seeks to transfer fee ownership. Speculation
about what might have happened if circumstances were different may be interesting,
but in the final analysis, the facts of this situation are what matter most.