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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.

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