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Purchasing Hawaii Vacant Land? Ancient Hawaiian Burial Sites and Laws

www.localism.com featured article 8/18/2007

It is a known fact that all our Hawaiian Islands have many burial grounds and sites that have still not been "discovered". Another fact is that much of our land is zoned as Preservation and/or Conservation land. There are a few things about ancient Hawaiian Burial Sites that you all need to know if you are thinking about buying vacant land here in Hawaii because it's not as easy as you think.

For one. Make sure and check into zoning laws. Hawaii (Oahu) Zoning, Special Use and Building Permits Next make sure and check into Preservation of Hawaiian Culture, Land and History and NOW you can check out the following information on our State Burial Laws regarding historical burial sites.

Chapter 6E of the Hawaii Revised Statutes amended Act 265 to make sure that provisions were in place upon the discovery of Hawaiian historic burial sites. This was mainly due to the public outcry of the moving of over 1,000 Native Hawaiian remains at the Honokahua graveyard on Maui to another location! In 1990 the remains were returned to their original resting place after the Hawaii State Legislature passed a bill signed by then Governor Waihee.

The State Burial Laws were adopted from this time:

1990: Act 306 is passed into law and states that there is now a process to protect the resting places of Hawaii's dead
Chapter 6E HRS changed the way burial sites would be handled. Island Burial Councils on ALL islands were established (State Historic Preservation Division) to establish and put into effect some burial laws as well as where they would relocate Hawaiian burial sites or just PRESERVE the site.
The Burial Council on each island has to approve the proposed burial treatments.
OHA (Office of Hawaiian Affairs) is definitely part of the process as well as the Hui Malama I Na Kupuna O Hawaii Nei (Native Hawaiian Organization involved deeply in the cultural/spiritual care of remains, burial goods, burial sites)
State Burial Law determines procedures for for Hawaiian burials, inventory of unmarked Hawaiian burial sites and also implements penalties for burial law violations
September 28,1996: "Rules of Practice and Procedure Relating to Burial Sites and Human Remains" act is now part of the HAR Chapter 13-300 and were amended to give extra protection to Native Hawaiian burial sites.

DLNR (Department of Land and Natural Resources) has a new Historic and Review Process: Proper steps to take for suspected properties of "historic site". These following steps are to be taken!

1) Identification and Inventory: State Historic Preservation Department (SHPD) to be contacted to find out the status on archaeological work on the site. Order an archeological inventory or survey if needed. The developer needs to really look at archealogical studies not only of the land their developing on but surrounding the property as well. If the SHPD determines nothing is going on...only then will they issue a preliminary "no effect" letter.

2) Evaluation of site: If the site is proven to be historic an evaluation must be made.

3) Impact Assessment: Assessment made of the impact the development would have on the site.

4) General Mitigation Plan: A proposed list of what should be done for the site (preservation/archealogical study) and has three components:

buffer zones set up so workers don't bulldoze or run over the site
Protection measures such as briefing workers during construction and archeaologist on site during the land moving
Long term preservation measures (i.e. placing signs although it may not prove beneficial to attract attention because of vandalism

5) Detailed Mitigation Plan: Scope of work to carry out #4

6) Verification of Completion of #5

Only when the process is complete will the SHPD be in agreement that all steps have been taken to ensure the Burial Laws have been abided by.

One good example of the process is when Walmart broke ground in June 2004 for construction on our island of Oahu on Keeaumoku Street for their upcoming store. Construction ceases and they await direction from the State Historic Preservaton Division who is called immediately at the same time as the Honolulu Police Department. An archeaologist comes in (paid by the developer) to evaluate the site. (the state also has their requirements for experience of archealogists!) Then the specialists in Hawaiian culture are called in to handle the remains and/or artifacts. 42 sets of human remains were found. After a process, Walmart resumed the construction and it opened in October of 2004.

These rules ensure that the preservation of land for historical sites that are discovered are protected and that developers are no longer allowed to take our Hawaiian lands forgranted.

Developers are forced to respect the lands for what they were and what they are as well as PRESERVE the HISTORY of Ancient Hawaii.

For more information, please contact the Department of Land and Natural Resources Historic Preservation Division, 33 South King Street, 6th Floor, Honolulu, Hawai'i 96813; 587-0047, or 1-800-468-4644 for neighbor-island callers.

Posted by Celeste "SALLY" Cheeseman HAWAII Relocations & Real Estate on 08/18/2007 01:34 AM

Comments (38)

hawaii history, hawaii land preservation, hawaii relocation

Originally posted at: Hawaii Real Estate & Relocations : Purchasing Hawaii Vacant Land? Ancient Hawaiian Burial Sites and Laws

This post has been included in Hawaii Information Honolulu County, HI Information

38 Comments on Purchasing Hawaii Vacant Land? Ancient Hawaiian Burial Sites and Laws

AUG

2007

Sally,

This sounds so familiar to me. In my market Indian Land has many of the same procedures, with a few more thrown in for good measure. There is a very small burial ground...4 crosses, down by San Diego, and the Developers cannot get permission to move the remains. Yet, in another area, like your Walmart, they were able to proceed but after blessings, archological evaluations, permission to move the remains, etc.

Thank you for this information, I had heard rumors but didn't know for sure if it was similar or not.

good morning, Sally

I enjoyed reading this extremely informative and thorough article of yours very much and I'm glad to see that Hawaii has taken these measures to respect and preserve burial grounds.

I wonder if you would consider joining the group Heritage Properties, Historic Sites and Antiques and posting it there as well ? I'm sure this would be of great interest to all of our readers who have an interest in the preservation of historic sites and heritage. Thanks a bunch

Sally - this is really interesting. I love that Walmart couldn't just move in without proper channels as well! Sometimes I think the bigger corporations are above the law... GO HAWAII!!

I'm happy for you that you have these procedures to follow. In a area so historic like Hawaii, it is important to preserve the integrity of land and its heritage.

Beautiful photos, such interesting information. I'm going to flag it for featuring on Localism - it deserves it, whether they do it or not.

Back to the Brady bunch...hey where is that tiki doll tabu?:)

Sally - You always share such interesting articles about Hawaaii. Preservation of the land should be a top priority in many more areas around the country. There is probably history uncovered in many excavations around the country which is gone forever, without the procedures you have there.

Sally, Once again.. WOOHOO SALLY.. In Florida we have a lot of ancient Indian Burial grounds. I know in Miami a couple of years ago they had stop a big construction project when they found a burial ground.

Sally..... this semi reminds me of the Brady Bunch episode and that idol that was found. In any case this was some interesting stuff. And I just started to read some of the comments above mine as I write this and sure, Neal has to mention this also... lol Well, at least I am not the only one that thinks this way.

jeff belonger

Yup in California we have the same type laws. You need to be sure and tell buyers of land that they willl be going thru this type of process.

Sally- I am flagging this to be featured in localism. What a completely thorough job you did even including the state statutes. I am glad Hawaii is preserving its royal history. We have a lot of Indian Burial grounds here in Florida that have the same laws about developing. But also, we have the everglades to protect and also the important wetlands. There are native trees that you must mitigate and wildlife too. The Florida panther is one of our many endangered species that we are working to save. Great going Sally! I feel so confident in recommending you to clients wanting to buy property in Hawaii. Katerina

And this is the reason a local REALTOR® is so important - those that are not aware of issues like this can cause a buyer to buy something that is not at all usable - you rock

Hi Sally-we go through most of the process here as well. In our area there are many, many places that developers cannot build on and there have been occasions where the seller cannot sell their land until the gov. checks it out. We had a transaction fall a few months ago for this reason. Great post Sally and great info.

Kathy: I was going to do another story about our H-3 freeway but that would have proven a story in itself.

Jo: Thanks for your comment and will check out the group.

Susie: People don't realize that there is more involved than buying up what little land there is.

Missy: It is soooo important. I believe that burial sites (wherever they are) are important and to be respected.

Margaret: Thanks Margaret...it was featured in Localism

Neal: Yeah, one day you'll be on our turf...and have to deal with the tiki gods.

Paula: Yeah. There is a federal law in place but who knows how many abide by it. For Hawaii it is really sacred ground...ALL over! (I mean...how could it not be. Our islands are small)

Mathew: And I presume that's how it is in a lot of places. People just don't know what's under them unless they start digging..and disturbing.

Jeff: You both are original.

Karl: Wanted this to get out there for the consumer. A lot of them come here without knowing and if their agent is not well versed in vacant land and what all is involved then it could prove for a buyer to be really upset if developing and finding out later.

Katerina: WooHoo! Localism featured. Okay...let's both get cracking on the other preservation/conservation laws in our states!

Thesa: You would do the same thing too. And that is why you're in my book!

Midori: Thanks Midori! And this is how the consumer will get this info before traveling here and realize it takes more than just money.

Sally,

very informative blogs that you always do, I learn a lot from hawaii :P ! and the dog the bounty hunter LOL, sometimes I see that series on the t.v. :P

Ray Saenz

Hi Ray..thanks for the kind comment and glad you can learn something. Who knows. Maybe one day you'll need the info to give to a relocating client!

Sally-Congratulations on your feature! YES! Katerina

Thanks to people like yourself who support the AR community!

How would the world know of these things if people like you weren't looking after them by educating the public and making the honest sense of pride that is interred in the land? Hawaii itself should thank you for your educational efforts and the care you have given the subject. No ordinary post. Woo Hoo!

William: And that's what makes these kinds of posts more eye catching....yours are like that too! I put a link to yours on the Challenge thing.

Sally-There have been a lot found on Schofield Barracks also. The new ranges that were built on Schofield had a lot of old sacred places that they found while it was under construction. The Army worked hand in hand with environmentalists and the Hawaiian community to make sure that the Native Hawaiians still had access to the sites.

David: As is with the rest of the state. Wherever the Native Hawaiians have been for spiritual sacred meetings are still accessible to all of them for legitimate cause. I was thinking (after I wrote this) if it might be too morbid...but you know what? These are the things the consumer needs to know about. It's not just selling/buying property. It's knowing what comes with the land...and boy do these lands come with a lot of restrictions! Don't they even have a graveyard on Schofield? When we were kids I'd go hang with some of my friends and they kept telling me stories to spook me.

Seems everyone remembers the Brady Bunch episode. Classic...and the first thought through my mind when reading this. Excellent that rules are established to protect sensative sites. For me....disclose that it is...was...or could have been a burial site and I am out of there!!!

Chris: Yeah, just wonder what you're walking on top of over there.....the Wild West....now, go ponder on that one.

Sally, this is something that I have never thought about, because it has not been a major issue here in Connecticut. It is interesting how different parts of the country get affected by different things.

George: Okay...back to a night out on the AR town, huh? lol. We have a new agent in our office and she's an archeologist. I learned a lot from her yesterday just talking to her for half an hour. Then I went researching more. Pretty interesting. I knew there were all the laws etc. but now know the process and extent.

AUG

2007

Interesting - I've never thought much about this - Real Estate is so different in different areas of the country. Thanks for educating!

Leigh: It's useful for all the people coming here to "invest". I've heard so many stories of finding out later when they start digging.

Hey Sally, this is very interesting. I am glad that they are taking steps to preserving Hawaii's History. It is sooo important. We do something similar here. They have even built freeways around historic burial sites.

It is always good to respect the ones that founded our areas and made so much of our history.

Stephanie: I believe there are laws all over...just a matter of how many of us in the real estate industry have that knowledge.

AUG

2007

Our new agent Donna who is teaming up with me is an Archaeologist who works with those burial sites. I am sure she will keep us well informed when we have to deal with this issue.

NOV

2007

I could write on this topic for hours! Sally, you did a remarkably thorough job of presenting the policy and procedure concerning Historic Preservation in our state! I couldn't have done better myself, honestly. :)

Historic properties come part-and-parcel with living in Hawaii. Granted, some places were more densely populated than others, and estimating your archaeological "risk" prior to buying is possible, however it is not completely accurate. I have conducted archaeological survey during extended "due dilligence" periods in which developers purchased time within a Purchase Contract in order to perform the preliminary Inventory Survey and receive a determination for mitigation procedures from the state. This process is not too practical for single family residences. But, it is important for buyers to understand that some places are more archaeologically sensitive than others. Some primary culprits are:

BEACHES AND SAND DUNE AREAS. This is what I fondly refer to as "burial city." Lets just say that in my daily work, sand makes me very very nervous.

Anywhere that you have a perenial or year-round stream, you are looking at an area that had people on it for thousands of years.

Check a TMK map prior to buying any piece of Hawaii land. Anywhere you see the letters "LCAw." or "R.P" or "Grant" followed by a 3-, 4- or 5- digit number, watch out! These land grants were distributed during 1840's through 1950's by the Hawaiian Kingdom, and later the U.S. Territorial Government. Hawaiian Kuleana lands (Land Commission Awards or LCAw's). If you want to dig so much as garden on one of these plots, SHPD is going to mandate archaeological monitoring.

Everyone...Donna is an agent in our office who is an archeologist here in Hawaii...

Donna: Go write a post on this! You above all would give invaluable information....and how come you didn't sign in? :) And I will keep this for future information.... Also, I wrote this after talking to you back in August. Sure made for good info....but seriously...you could give this community some outstanding info!

SEP

2008

Another thing people have to realize in Hawaii is we do keep our genealogy and it can go back a thousand years or more. Many places we have lineal descendants of those burials. Just going bake to my gggreat-grand parents is going back at least 250 years. I know their names and something about them. Some of the burials are from about 300ad to about the 1800s and even as recent as the 1950s. It was the custom not to put headstones but natural markers as stones, trees, or some private type of marker. Not all the family knew its location and it wade the responsibility of one or two people to know where it is. Today, we use gravemarkers in a judeo-christian type burial. Prior to the conversion, people would bury loved ones somewhere on their property, usually in one area. The purpose for the secrecy of burials was to insure the bones would not be desecrated. Certain burials were done in lava tubes and caves which they hid with brush and natural camouflage usually of those with ali'i blood. The bones were intensely guarded. One of my great-grand parent's burial was described by a certain type of stone next to a particular type of tree. Another was described as crawling through a (lavatube) tunnel for 1/4 mile until it opens up where you could stand and walk further in; the entrance was by the shore and accessed during low-tide. That's as much as I care to share; but it lets you know that we are still concerned about our family bones and burial. As far as Walmart, they have not finished resolving the reinterment of the bones there and keep it piled in a container. Whole Food dug up 64+ burials at Kaka'ako. Some of the burials at both places were as recent as about 160 years. Not quite resolved, some lineal descendants have filed complaints but since have been ignored. People have been outraged but money talks with the State. This goes on with all islands. Today, it's a bigger issue since they have been ignoring us; but more people are aware of it now than ever before and are being outraged at the indifference of government and developers. People are realizing that this can be done to any cemetary their families are buried in whether it's 200 years ago or 100 years ago. Mahalo for explaining what is being done and for the sensitivity that goes with it.

FEB

I'm glad that Hawaii has this law because we need to preserve our past for future generations.

AUG

way cool pictures.....

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