Author Archives: ChoonJames

About ChoonJames

http://www.CountryTalkStory.com Choon James is a real estate broker in Hawaii and has a B.A. in English and TESL as a minor from Brigham Young University - Hawaii. She's the proud mother of four Eagle Scouts and one daughter. Choon is originally from Singapore. She comes from a family of ten children. Her mother was the second of her father's three wives. In the Chua household, they have Methodists, Catholics, Buddhists, Mormons, atheist and Taoist believers. "We're fortunate to grow up with diversity. My father’s best friend, Chandra, was a Hindu Indian who spoke Hokkien. My best childhood friends at school were Malay Muslims. We learned to focus on the merits and content very quickly and forget about the superficial exteriors. Like many in Hawaii, our immediate household is quite chop-suey as well. My husband is a Caucasian born in North Dakota and grew up in Massachusetts. In our immediate household, English, Mandarin, Fijian, Japanese, Hawaiian, Tahitian, French, and Spanish can be spoken. We love Hawaii. Its diversity and aloha represent the best in all of us!" Choon's past and present civic involvement includes the following: Defend Oahu Coalition - Founding member for Grassroots for smart planning Save Oahu Farmlands - Founding member Ko'olauloa Sustainable Communities Planning Advisory Committee Kahuku Hospital Board of Director Laie Point Community Association President & Board Member Laie Community Association Board BYU-Hawaii/CCH Alumni Association President Sierra Club Member Refugees Language Tutor Volunteer Amnesty International Freedom Writer Friends of "South Pass City", Wyoming, USA Boy Scouts of America Host - Country Talk Story - Olelo Public Television North Shore News columnist Huffington Post Hawaii Blogger

This acrobatic tragedy reminds me of a childhood experience in Singapore

The husband-and-wife acrobatic team somehow disconnected during their performance in Suzhou, China. The plunge led to her death.

According to the Straits Times,

” Authorities are investigating the death of an acrobat, who fell while performing with her husband during a live flying-trapeze performance in Suzhou, China, last Saturday.

Videos of the graphic incident posted on social media showed that the couple was pulled high into the air from the ground by what appears to be a crane.

In the videos, the woman was later seen falling from reportedly more than 9m high, after her husband failed to catch her with his legs during the performance.”

This incident brought back childhood memories of a circus coming to Holland Village in Singapore. I was probably around 7 or 8 years old. We were living in a farm. I remember my lorry-driver father telling us that there was a tent circus coming. We obviously wanted to go but had no money to buy tickets for our big family of ten children.

Later, I remember my father coming home one night with the news that a girl acrobat had fallen to her death from a trapeze.

That news had a powerful imprint on me.

I can’t explain why I was so unequivocal about it. But I decided right there and then that it was not right for people with money to put others in dangerous situations just to entertain themselves.

City Employee expresses his personal views against windowless units as a private citizen in Bill 21

Bill 21, authored by City Councilman Tyler Dos Santos-Tam, asks for changes to the City County Housing Code to be consistent with the International Building Code (IBC) that allows windowless (no natural light and ventilation) housing units.

Santos-Tam, a construction industry lobbyist, said that the county needs to build 25,000 housing units and thus “optionality” is necessary in housing development. The statement begs many questions as to who these units are for and do we want Oahu to follow other countries’ values and standards. Is this about helping developers or is this about meeting the needs of our local residents?

Below is an excellent example of a local government worker with lots of expertise and experience standing up for the public good, rather than developers. Michael O Silva, speaking as a private citizen, should be commended for speaking up. His testimony is free from self-interests but filled with common sense and aloha for the ordinary local residents. Read the testimonies here.

Listen to Bill 21 here. It starts around the 1:46 mark.

State Legislature wants to repeal the Hawaii Tourism Authority (HTA)

The State Legislature wants to repeal the existing HTA and create a new Office of Destination Management within the Department of Business, Economic Development, and Tourism (DBET).

This action appears to be a knee-jerk and punitive legislating. It reminds me of the nationwide movement to “Defund The Police” based on the actions of a few bad cops. Some states who defunded the police had to reverse their actions and fund the police. While justice and rule of law is paramount to our democracy, public policy-making must be intelligently and deliberately vetted.

What is interesting is also the punitive language that is attached to Bill 1375 and Bill SB 1522

SECTION l. The legislature finds that the Hawaii tourism
authority has failed to effectively execute its duties to manage
the tourism marketing plan for the State.

The Legislature is wielding a quick sword at HTA because it “has failed” in its duty. However, residents of Hawaii does not have the same swift opportunity to treat the Legislature job performance. Public efforts to adopt Term Limits for the State Legislature failed again this 2023 session.

Besides HTA is not the only entity that is contributing to the unhappiness of our residents in Hawaii relating to tourism issues. The Governor, Lt. Governor, Mayors, State and City Transportation departments and so forth are all responsible too.

Note the punitive language.

HB 1381 is a more deliberate and informed legislation to adopt a public policy. But it died very quickly.

OPPOSITION to Dawn Chang for Chairperson, Department of Land and Natural Resources (DLNR) GM 516

Consultant Dawn Chang’s nomination Hearing is on Friday March 31, 2023 1:00 pm

Testimonies can be submitted here. You need an email to register. Testimonies can be a simply OPPOSE or SUPPORT.

This is a written testimony from Deborah Ward from Mountain View, Hawaii Island OPPOSING Dawn Chang. Deborah has been in the environmental movement to preserve and protect Hawaii’s resources for decades. She has been a member of the Hawaii island group of Sierra club since 1984 in Excom positions since then. She served on the OMKM ENVIRONMENT committee for 23 years. Deborah is a retired faculty for UH DEPT of natural resources and environmental management, with an MS in Horticulture. She is currently farming ten acres in Mountain View.

” I am writing to urge you to not to confirm the nomination of Ms.Dawn Chang as Chair of the Board of Land and Natural Resources (BLNR).

The basis for my opposition to this appointment is that Ms. Chang’s approach to the pressing issues of our time has been too narrowly focused on meeting the needs of her corporate and organizational clients when the focus needs to be on protecting the public trust.

The context for my concerns is the kuleana of the BLNR. While I am sure that you are aware of that responsibility, a reminder is in order given the importance of the appointment being considered. The Department of Land and Natural Resources, headed by an executive Board of Land and Natural Resources, is responsible for managing, administering, and exercising control over public lands, water resources, ocean waters, navigable streams, coastal areas (except commercial harbors), minerals, and all interests therein.

The department’s jurisdiction encompasses nearly 1.3 million acres of State lands, beaches, and coastal waters as well as 750 miles of coastline (the fourth longest in the country). It includes state parks; historical sites; forests and forest reserves; aquatic life and its sanctuaries; public fishing areas; boating, ocean recreation, and coastal programs; wildlife and its sanctuaries; game management areas; public hunting areas; and natural area reserves.A summary of that kuleana is protecting the public trust.

Given this tremendous responsibility, the selection of a Chair should be guided by the highest principles. There is ample evidence that the selection of Ms. Chang does not demonstrate an adherence to that fundamental requirement.

The candidate should have demonstrated unquestionable integrity, a profound understanding of Hawaiian history and, a deep respect for the traditional Hawaiian civilization.

While Ms. Chang’s work has been involved in a wide range of relevant areas, an examination of her record in those involvements discloses a bias that disqualifies her from holding the BLNR position. Ms. Chang’s career is repeatedly characterized by decisions that ignore the mandates of history in order to facilitate the colonial mindset of facilitating economic exploitation, rather than acting as a protector of Hawai’i’s future. Her long list of corporate clients is the visible manifestation of her true professional commitments.

Her company belongs in the company of businesses that prepare environmental assessments and environmental impact statements which give developers the cover of a document that says what the developer needs to justify the project at issue.

There are other questions about the fitness of Ms. Chang. Some of her actions appear to be unethical, such as advising clients on how to avoid taking legally required actions.

For example, she advised Kawaiahaʻo Church that its proposal to construct a multi-purpose center did not require an archeological inventory survey, which the law clearly required. Ms. Chang’s advice was to ignore the legal requirement to avoid increasing the project cost.Her advice resulted in lengthy litigation and the illegal disturbing of hundreds of burials.

One of the major issues BLNR must address is the future of Mauna Kea. On that issue, Ms. Chang was responsible for preparing a woefully inadequate comprehensive master plan. Her plan was missing provisions for natural and cultural management, decommissioning, and public access. BLNR determined that the plan was deficient. The delay in approving the missing critical pieces of the plan led to delays in the CDUA for the TMT construction. The BLNR had to step in to require compliance with the law lacking in Ms. Chang’s plan.

DLNR is currently plagued by weak leadership, with multiple conflicts between offices and divisions, many due to conflicting mandates. The chronic understaffing and underfunding leads to ineffectiveness and institutional frustration. The loss of institutional knowledge has led to a serious degradation of our cultural heritage.

Ms. Chang does not demonstrate the skills to address these issues, and could serve to exacerbate the problems. Ms Chang is not the right person to be confirmed as Chair. I ask you to oppose her appointment.”

Honolulu City Hall wants pay raise

Some of the pay raises are significant. City Council would at least double its pay.

There was a Salary Commission meeting this afternoon on March 21, 2023 at 1:30 pm. Did you hear about it?

I was looking for a written testimony section for today’s Salary Commission Hearing but could not locate it.

But I found one for 2022 Hearing. The sentiments were overwhelmingly against the raise. This year 2023 poses over 100% and more pay raise for City Council members. Council members like Chair Tommy Waters and Radiant Cordera are publicly saying their job is not a part-time job.

Here is Mayor Rick Blangiardi’s written testimony to the Honolulu Salary Commission for 2023.

Who sits on the Honolulu Salary Commission. If the names look familiar, you’re not wrong.

SB 1468: Surveyors want entry into any private property that has not hired their services

This is another bill that needs more deliberations and disclosure to the public at large. The most-affected stakeholder – the private property owners – deserve to be in this legislative process prior to any adoption of such bills. (The Honolulu Department of Design and Construction (DDC) ” respectfully supports ” this Bill.)

SB 1468 ” Authorizes professional land surveyors, and any assistant under the direct supervision of the land surveyor, to enter any private property to perform land surveying, subject to certain provisions regarding notice and identification. Shields land surveyors and their assistants from prosecution under criminal trespass laws when performing their duties. Effective 7/1/2050. (SD2)”

Screenshot from https://mjslandsurvey.com/about-scalice-land-surveying/

For clarifications: Subject Property – hires the surveyor.

Non-Subject Property – does not hire the surveyor but surveyor wants right of entry.

Here are some comments and questions:

  1. SB 1458 “Shields land surveyors and their assistants from prosecution under criminal trespass laws when performing their duties.”
  2. On the other side of the coin, what about the liability of the private property owners who did not hire these surveyors but are forced to provide entry to the surveyors? What happens if a surveyor is bitten by a dog, or trips on a rock and break a leg, or is attacked by a swarm of bees or has a heart attack on the non-subject property?
  3. This Bill is an over-reaching and over-arching demand of right-of-entry to any property in Hawaii.
  4. What about the privacy of the non-subject property owners? Is their property not their castle?
  5. Why this request this year? There are actually more technology options for surveyors now to map out properties.
  6. Why do surveyors need to enter another non-subject property when surveyors already have full access to the subject property that hire them?
  7. Surveyors can perform, stake the pins, and complete work on the Subject Project. The first point of reference is usually on public places like a road or highway.
  8. Surveyors have worked in this industry for ages without asking for entry into any property that do not hire their services. Polite and respectful surveyors usually have no problems with adjacent property owners should there be a need for an adjustment of some sort.
  9. Non-subject Property owners could be on vacation, have kupuna, teenagers, children, tenants, pets, guard dogs, expensive stack of surf boards, and so on that need to be considered.
  10. How can another non-subject property trust surveyors they have not hired for the job? This is opening a new can of worm for personal security of property owners. Already we have criminals who are bold enough to pose as a policeman.
  11. Are the outside party surveyors going to pay for the non-subject property owner’s time to be present, on their own private property?
  12. The beneficiary of this are the surveyors. Just a written notice to the non-subject property owners is very assuming and autocratic. Sending a written notice is insufficient. The US Post Office is unreliable. Or an owner may have a PO Box office that is not checked regularly. The owners may not read or understand English. This should read: the real property to be surveyed after providing a landowner with written notice not less than 30 days before the proposed date of entry to the non-subject property and only upon a written approval receipt from the rightful owner(s).
  13. Again, the surveyors are the beneficiaries. It’s wrong to imply approval just because the surveyors have not received a timely objection. These unsolicited requirements on private property owners takes time, effort and costs. It’s a huge inconvenience. As discussed in #10, there could be a litany of reasons why the owners may not know what’s going on. The result should be the other way around. If the surveyor does not received a written approval, it’s a “No, no approval” to enter private property. (4) A statement that the landowner may refuse entry by making a timely written objection; and(5) A statement of the date, time, and method by which a landowner may object.
  14. This again disenfranchises the private property owner who is not benefitting from these actions. The surveyor is asking for a favor. Unless the surveyor receives a written approval from the non-subject property owner, it must be considered a ” non approval” to gain entry. Also using a certified mail is insufficient notice; it must include a USPO signed RETURN CERTIFICATE from the rightful owner in this context sentence. “Written notice shall be sent to the last known address of the landowner of, or person with an interest in, the real property to be surveyed and the landowner or occupier of adjoining lands to be accessed; provided that notice sent by certified mail shall be deemed sufficient notice.

REFERENCES: This are excerpts relating to ” subject to certain provisions regarding notice and identification” as printed in this Bill:

Page 2 Ҥ464- Professional land surveyor right of entry to
private property; notification; identification; liability
. (a)
A professional land surveyor licensed pursuant to this chapter,
and any assistant under the direct supervision of the land
surveyor, may enter the private property of the landowner of the
real property to be surveyed and any adjoining lands at
reasonable times to perform land surveying at the request of the
landowner of, or person with an interest in, the real property
to be surveyed after providing a landowner with written notice
not less than ????? days before the proposed date of entry. The
written notice shall include:
(l) The date and time the entry shall occur;
(2) A description of the work to be performed;

Page 3 (3) The approximate duration of the entry;
(4) A statement that the landowner may refuse entry by
making a timely written objection; and
(5) A statement of the date, time, and method by which a
landowner may object.

Any objection shall be expressly communicated to the land
surveyor in writing no later than ????? hours before the date the
survey work is to be performed. If a landowner makes a timely
objection, a professional land surveyor shall not be authorized
to enter the private property of the objecting landowner
pursuant to this section.

(b) The land surveyor shall give at least ten days written
notice of the intention to enter the private property on which
the land surveying is to be performed when the land surveying
may involve adjoining lands. The written notice shall include:

(l) The name of the landowner of, or person with an
interest in, the real property to be surveyed and the
name of the landowner or occupier of adjoining lands
to be accessed;
(2) The date and time the survey work is proposed to be
performed; and

Page 4 (3) The name and contact information of the land surveyor
that will perform the work.
Written notice shall be sent to the last known address of the
landowner of, or person with an interest in, the real property
to be surveyed and the landowner or occupier of adjoining lands
to be accessed; provided that notice sent by certified mail
shall be deemed sufficient notice.

When the landowner or person with interest in a property
involved in the survey, including adjoining lands to be
accessed, gives notice to the surveyor that the surveying may
disrupt or interfere with operations on the properties involved,
the surveyor shall meet with the landowners or persons with an
interest in the properties to negotiate a mutually agreeable
date and time to perform the land surveying. (c) The land surveyor shall carry a government-issued
photo identification, and the land surveyor’s:

(l) Certificate of licensure with the license number
issued pursuant to this Chapter, or a facsimile
thereof; or
(2) Seal or stamp, or facsimile thereof, authorized
pursuant to section 464—11; and

Page 5

a copy of the notice submitted pursuant to this section.”

A lessee of the land or premises; or
(b) A professional land surveyor, or assistant under the
direct supervision of the land surveyor, who enters or
remains in or upon the land or premises of another,
after giving notice as required by section 464—
for the purpose of performing land surveying at the request of the landowner of, or person with an
interest in, the real property to be surveyed.”

Page 7: (b) A professional land surveyor, or assistant under the
direct supervision of the land surveyor, who enters or
remains in or upon the land or premises of another,
after giving notice as required by section 464-
for the purpose of performing land surveying at the
request of the landowner of, or person with an
interest in, the real property to be surveyed.”

Note the “Effective 7/1/2050” can be quickly amended to “This Act shall take effect upon its approval.”


Hawaii Legislature: HB 538 dismisses the US Constitution

Did a group of politicians woke up one morning and decided to attack the US Constitution or something?

Read HB 538 in the context that the Honolulu Department of Planning and Permitting (DPP) is struggling. It has been mired with corruption and mismanagement for years.

At Honolulu Mayor Rick’s Blangiardi’s City Address on March 15, 2023, he stated that the average time for a permit approval was 300 days. Three hundred (300) days is actually on the fast track.

HB 538 states ” then the applicable county planning or permitting agency shall commence foreclosure proceedings, judicial or nonjudicial, on the real property without delay.” Guess which type of foreclosure the county is going to choose?

HB 538 first started with wanting entry into homes without consent. (Interestingly, another bill SB 1468 asks for surveyors entry into any property too.)

Page 2 of HB 538 proposes:

46-A Authority to enter private property; zoning
violation. (a) Notwithstanding chapter 322, a county planning
or permitting agency may enter privately owned residential real property, without the consent or cooperation of the owner or
occupant of the real property, for the purpose of investigating
any condition on the premises that the officer reasonably
believes may constitute a violation of any county zoning
ordinance, rule, or regulation that:

On Page 4, it continues:

§46-B Penalties for unaddressed zoning violations. The
penalties for a violation of any county zoning ordinance, rule,
or regulation shall be as follows, regardless of whether a
county planning or permitting agency’s investigation was
conducted without the owner’s or occupant’s consent or
cooperation pursuant to section 46-A(a) or by other means:

(1) An owner of real property who fails to remediate all
conditions that gave rise to issuance of the notice of
violation, to the agency’s satisfaction and within the
agency’s specified time frame, shall be assessed by
the agency a fine of not less than $1,000 for each day
the violation persists;

(2) If fines assessed to the owner of real property exceed
$5,000, then the notice of violation shall constitute
a lien upon the real property within thirty days; and

(3) If within thirty days of receiving notice of the lien,
the owner of real property fails to:
(A) Satisfy the lien specified in paragraph (2); and (B) Commence and diligently conduct remediation of
all conditions that gave rise to issuance of the
notice of violation, to the agency’s
satisfaction, then the applicable county planning or permitting
agency shall commence foreclosure proceedings,
judicial or nonjudicial, on the real property without
delay.”

Hawaii Legislative Bills must uphold the US Constitution

Good public policies are vetted carefully in an over-arching manner. They must be rooted within the parameters of the US Constitution that have served us well for 235 years.

There are some very troublesome bills – SB875, HB15. HB538, HB106, SB216, HB 498 that are introduced this 2023 session.

The language may vary in these Bills but the core violation is the taking of private property based on civil fines, without providing the judicial court process. It’s not about the market value or the balance of the sold property loot.

I get it that certain politicians are hoping for easier and quicker penalties like non-judicial foreclosures. But to think that the counties can seize private property based on civil fines is misguided. We can’t have knee-jerk legislation just because we want to punish some “egregious” private property owners or to create a new source of income revenues.

Counties cannot become the in-house Police, Prosecutor, Jury, Judge, and Executioner.

The late Justice Ruth Bader Ginsburg said it best in one of her last Opinions for the US Supreme Court in Timbs vs Indiana relating to excessive CIVIL fines and Due Process. Below are some of jurist RBG’s excerpts to all of us from the grave:


This Court has held that the Fourteenth Amendment’s Due Process Clause incorporates the protections contained in the Bill of Rights, rendering them applicable to the States.”  

For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties. Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies, as the Stuarts’ critics learned several centuries ago.”

” Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties. They can be used, e.g., to retaliate against or chill the speech of political enemies. They can also be employed, not in service of penal purposes, but as a source of revenue. The historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is indeed overwhelming.”

“Even absent a political motive, fines may be employed “in a measure out of accord with the penal goals of retribution and deterrence,” for “fines are a source of revenue,”

” In short, the historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is overwhelming. Protection against excessive punitive economic sanctions secured by the Clause is, to repeat, both “fundamental to our scheme of ordered liberty” and “deeply rooted in this Nation’s history and tradition.”       

Hawaii State Legislature: Bills against Private Property Rights are the best-kept secrets.

There were about 3132 Bills this 2023 Session.

There are 6 Power of Sale Bills with the agenda to force the sale of private property. based on civil fines. The County wants to cut off the judicial court process.

These Bills violate basic Constitution civil rights. These Non-Judicial requests turns the counties in Police, Prosecutor, Jury, Judge, and Executioner.

They also assume that the city is always right and the people always wrong.

Below are the 3 active Bills asking for Non-Judicial Foreclosure: To sell private properties without going to court. City wants to levy civil fines and the powers to sell.

SB 875 Introducer(s):
CHANG, MORIWAKI, Dela Cruz

Description:Authorizes counties, after adoption of an ordinance, to sell private property after all notices, orders, and appeal proceedings are exhausted and to use those revenues to pay unpaid civil fines related to that property; provided that the county sells the property at not less than the market value of similarly situated properties and that all revenues received from the sale that exceed the amount of the unpaid civil fines are refunded to the property owner. (SD1)

HB 15 Introducer(s):
TARNAS

Description:Authorizes the State and the counties to place liens on real properties for unpaid civil fines resulting from violations of land use laws. Authorizes the State and counties, subject to adoption of appropriate and particular laws or rules establishing the power of sale, to sell properties after all notices, orders, and appeal proceedings, if any, are exhausted and use those revenues to pay unpaid civil fines related to property. Effective 6/30/3000. (HD2)

HB538 Introducer(s): MATAYOSHI, BELATTI, HASHIMOTO, HOLT, KILA, KITAGAWA, LAMOSAO, MARTEN, NISHIMOTO, TAKENOUCHI, TARNAS, Chun

Description:Establishes penalties for failure to remediate violations, including fines and, under circumstances, foreclosure. Effective 6/30/3000. (HD1)

These bills below did not pass the March 9 Cross-over.

HB106 Package:
City and County of Honolulu

Description:Authorizes a county to proceed with a power of sale on real property subject to a recorded lien.

SB 216 Package:
City and County of Honolulu

Description:Authorizes a county to proceed with a power of sale on real property subject to a recorded lien.

HB 498. Introducer(s):
SAYAMA

Description:Authorizes counties, after adoption of an ordinance, to sell private property after all notices, orders, and appeal proceedings are exhausted and to use those revenues to pay unpaid civil fines related to that property. Effective 6/30/3000. (HD1)

This list is from the Star Advertiser:

Screenshot from Star Advertiser. March 13, 2023

My written testimony to Public Safety & Intergovernment & Military Affairs (CPM)

KILL HB 538 –  ( also HB 15  & SB 875)

You can register testimony to OPPOSE HB538 or SUPPORT HB 538.

The committee(s) on PSM has scheduled a public hearing on 03-17-23 3:02PM; Conference Room 225 & Videoconference

Measure Title:RELATING TO RESIDENTIAL REAL PROPERTY.
Report Title:Residential Real Property; Counties; Zoning Violation; Penalties
Description:Establishes penalties for failure to remediate violations, including  fines and, under circumstances, foreclosure. Effective 6/30/3000. (HD1)

Aloha to all,

I know you have too much to read and digest in such a short time. 3132 bills for this session is insane! Which human can carefully analyze all these bills carefully for decision-making and study its overall impacts, unforeseen or unintended consequences?

Before we go further, I’m sharing a few excerpts from the recent Supreme Court ruling relating to the US Constitution 14th Amendment.  It relates to  HB 538 (and SB 875 & HB 15) about CIVIL fines, Due Process, and so on.  

The late Justice Ruth Bader Ginsburg said it best in one of her last Opinions for the US Supreme Court in Timbs vs Indiana relating to excessive CIVIL fines and Due Process. Below are some of jurist RBG’s messages to all of us from the grave:

“This Court has held that the Fourteenth Amendment’s Due Process Clause incorporates the protections contained in the Bill of Rights, rendering them applicable to the States.”  

For good reason, the protection against excessive fines has been a constant shield throughout Anglo-American history: Exorbitant tolls undermine other constitutional liberties. Excessive fines can be used, for example, to retaliate against or chill the speech of political enemies, as the Stuarts’ critics learned several centuries ago.”

” Protection against excessive fines has been a constant shield throughout Anglo-American history for good reason: Such fines undermine other liberties. They can be used, e.g., to retaliate against or chill the speech of political enemies. They can also be employed, not in service of penal purposes, but as a source of revenue. The historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is indeed overwhelming.”

“Even absent a political motive, fines may be employed “in a measure out of accord with the penal goals of retribution and deterrence,” for “fines are a source of revenue,”

” In short, the historical and logical case for concluding that the Fourteenth Amendment incorporates the Excessive Fines Clause is overwhelming. Protection against excessive punitive economic sanctions secured by the Clause is, to repeat, both “fundamental to our scheme of ordered liberty” and “deeply rooted in this Nation’s history and tradition.”       

Punishments and Penalties

When you’re in a position of power, it’s even more incumbent on you to be much more circumspect and focused in your decision-making. It might be fun or satisfying to punish the supposed egregious ones. But it doesn’t mean that the US Constitution can become marginalized to punish them. It’s never a good policy to burn down the Cathedral of Civil Rights to fry a few bad eggs.

Civil Rights is Civil Rights. You can’t protect abortion civil rights but destroy private property rights. You must uphold and protect the US Constitution that you swore to do. The Constitution has protected equality, justice, and Due Process for over 200 years!

It appears the HB 538 introducers must not know about the challenges of working with DPP or getting a permit to be approved by DPP.

One has to question how a small lot in Kalihi Heights can be fined for $15.8 million for “overgrown weeds”. This local owner is a 50% Hawaiian man with chronic and severe health problems. There is much more to this situation here.

Where is the Aloha?

Where is the compassion to help our local residents who are already struggling and trying to keep up with the cost of living in Hawaii?

I hope this Star Advertiser report of “uncashed fines” is not giving any counties ideas for a new stream of income and future revenues. 

There are always two sides to a story. The government is here to help, not to steal people’s homes and properties.

Most people work their tails off and sacrificed to own properties in Hawaii. 

Who can trust DPP?

This is nothing personal. But these few clips will provide you a quick overview of what’s happening at the Department of Planning and Permitting.  DPP is struggling. Its workers are overloaded. Through the years, the Mayors and City Councils have also contributed to these modern day problems by their actions.

Through the years, land-use density has been greatly increased. It used to be that an owner could not build on more than 50% of their total land area.

Why blame the Monster Homes when it was DPP who approved the permits in the first place? 

Excessive Fines and Cruel & Unusual Punishments

HB 583 is off-based. It may have some “egregious” owners in mind to punish but there are too much unforeseen consequences.

HB 538 is out of touch with the majority of the private property owners, construction and real estate world.

These timelines are too impractical and oppressive.

HB 538 assumes that DPP is always right and the public is always wrong.

Kill HB 538  AND SB 875 and HB 15.

The Counties have many other options.

Submitted by Choon James

CountryTalkStory.com

ChoonJamesHawaii@gmail.com