Tuesday, July 24, 2007

Hawaiian Land Trust Background Information Compilation



Kauai Public Land Trust (KPLT)

Hawai`i Island Land Trust (HILT)

Moloka`i Land Trust (MLT)

Ike ‘Āina

Community Trust for Kane'ohe Bay (CTKB)

Maui Coastal Land Trust (MCLT)


See also Land Trusts in the State of Hawai`i handout from the May 26 Workshop binder.



Kauai Public Land Trust

One of the oldest island-established land trusts in the state, KPLT began in 1989 with an excited group of individuals who saw potential for saving land after witnessing the Trust for Public Land’s (TPL) 1988 expansion effort at Kilauea Point (TPL conveyed more than 130 acres to the U.S. Fish and Wildlife Service, greatly expanding the existing refuge).

KPLT is now working to expand TPL’s efforts by conserving land east of the Kilauea Point lighthouse into the Kilauea River basin, a significant wildlife habitat and important ecological biome. In an effort to ramp up preservation efforts on Kauai, KLT hopes to find an executive director by August 2007.

  • Inception: 1989

  • Land Preserved: Three parcels totaling 26 acres

  • Employees/volunteers: All-volunteer board of seven

  • President: Gary Blaich

  • Exec. Director: Hiring (a/o Spring 2007)

  • Email: kplt2@hawaii.rr.com

  • Website: kauaipubliclandtrust.org

  • Phone: (808) 828-1438

  • Mailing Address: P.O. Box 562 Kilauea, HI 96754

  • Mission: Working with others to use land conservation tools to preserve Kauai’s places of the heart

Above info from Attorney Tom Pierce’s website in June 2007, mauilandlaw.com


KPLT Mission: Working with others to use land conservation tools to preserve Kauai’s places of the heart.


KPLT seeks solutions for land conservation by

- Acquiring land through donations and purchases for the benefit of the public.

- Securing conservation easements on land and monitoring the terms of the easements.

- Working in partnership with private and governmental conservation agencies.


Project Criteria

Property under consideration by the Kauai Public Land Trust must meet one or more specific criteria for acquisition:

  • Scenic Value & Open Space

      • The property is of unique scenic value and is visible to the public; or its development would impair the scenic character of the local landscape or it would threaten scenic view planes.

  • Significant Natural Habitat

      • The property is in a relatively natural state and large enough to adequately protect the resource; it contains rare, endangered, threatened or other native species; or contributes to the viability of a park or conservation area.

  • Historical & Archaeological Significance

      • The site represents a significant cultural or historic resource, which may be damaged or lost without protection, and is capable of being maintained in perpetuity.

  • Public Recreation & Education

      • The property is accessible to the general public; is an attractive or educational resource, or is valuable for recreational use.

  • Productive Farmland

      • The property is zoned for agriculture and is rated as prime ag land; it is of sufficient size to maintain its agricultural integrity even if nearby lands are developed; or its productivity is threatened by development pressure; or its non-agricultural use would adversely affect neighboring agricultural use.



Hawai`i Island Land Trust

Formed in 2001 as the Kona Land Trust, HILT renamed itself to reflect its new role as the primary land trust for the state’s largest island. To meet the growing needs of the land trust and community, the all-volunteer organization is in the process of hiring an executive director.

With so much pristine acreage, we still have the opportunity to preserve and protect some significant open spaces on the Big Island,” announced President Mike Katz. HILT hopes the addition of an executive director and other paid staff will help them gain the resources needed to expand their efforts and assure comprehensive management and protection of lands and easements that are expected to be donated to the land trust in the coming years.

  • Inception: 2001

  • Land Preserved: One parcel totaling 185 acres

  • Employees/volunteers: All-volunteer group of 16

  • President: Mike Katz

  • Exec. Director: Hiring expected in 2007

  • Email: info@hawaiilandtrust.org

  • Website: http://www.hawaiilandtrust.org

  • Phone: (808) 324-HILT (4458)

  • Mailing Address: P.O. Box 976 Kealakekua, HI 96750

  • Mission: HILT is a community-based, non-political, non-profit corporation whose purpose is to provide an inclusive approach to land preservation on the island of Hawai'i.

Above info from Attorney Tom Pierce’s website in June 2007, mauilandlaw.com


Tag Line/Bumper Sticker Saying: “Preserving Hawaii’s Open Spaces for Generations to Come”


Hawaii Island Land Trust facilitates the preservation and stewardship of open space; agricultural and environmentally sensitive lands; and culturally and historically significant areas that are important for present and future generations. This includes coastal land, pasture land, mountain land and rainforest land.


Hawaii Land Trust's core values are shaped by Hawaiian culture and tradition. Malama Ka Aina, Pulama Na Mea Oiwi ("care for the land, cherish the spiritand the culture of the land and its people") embodies the spirit and intentof these values. It is the Hawaiian way to cherish and protect theaina, the land, as the land is the provider of all life. The land bridges the heavens and the seas with a connection that feeds us and nourishes the soul. As we move into the future the respect and honor we hold for the richness of the aina is our guide and our path.


Working in cooperation and collaboration with the local community, HILT's mission is accomplished by interacting with landowners and managers who voluntarily choose to protect their land. HILT consults and collaborates with private organizations and government to coordinate and optimize a variety of private and public resources. The objective of HILT is to further the interests of landowners and land conservation through a variety of tools such as voluntary easements and land donations or purchases.

OUR GOALS
Hawaii Island Land Trust has three main organizational goals.

Goal 1: Operations
To establish a strong community-based organization with diversified sources of financial support.

Goal 2: Public Awareness
Educate and build alliances with landowners, developers, community groups, government agencies, the business community, and visitors.

Goal 3: Land Conservation
Institute a program to successfully acquire, preserve, and protect selected parcels of coastal land.

Moloka`i Land Trust

The fledgling Moloka`i Land Trust incorporated and received its public charity status in 2006, but its origins go back almost ten years. In 1998, Moloka`i became an “Enterprise Community” (“EC”) after applying for the U.S. Department of Agriculture’s (USDA) Empowerment Zone/Enterprise Community Program. The EC developed a ten-year strategic plan with the USDA’s assistance, which specifically included the goal of creating a land trust to preserve culturally and environmentally important lands on Moloka`i.

A community-based master land use plan also came out of the EC project. The land use plan proposes Molokai’s largest landowner, Moloka`i Properties Limited (MPL), donate 26,000 acres of its 65,000-acre holdings, and place conservation easements on another 24,000 acres. MLT Secretary Cheryl Corbiell explained, “we believe this new land trust will help Moloka`i residents take control of their rural and cultural heritage.” MLT fills a needed niche, as non-residents own over 85% of the lands on Moloka`i. MLT hopes to hire initial staff, including an executive director, in the next twelve months.

  • Inception: 2006

  • Land Preserved: MLT expects to receive its first land donation of 1,600 acres in 2007; the proposed donation is in the Mokio area on northwest Moloka`i and includes a combination of coastal lands, sea cliffs, and uplands area.

  • Employees/volunteers: All-volunteer board of nine

  • President: Colette Machado

  • Exec. Director: Hiring expected in 2007 or 2008

  • Email: cpgroup@aloha.net

  • Website: molokailandtrust.org

  • Phone: (808) 553-9009

  • Mailing Address: P.O. Box 1884 Kaunakakai, HI 96748

  • Mission: The mission of the Moloka`i Land Trust is to protect and restore the land, natural and cultural resources of Moloka`i, and to perpetuate the unique Native Hawaiian traditions and character of the islands for the benefit of the future generations of all Moloka`i, particularly Native Hawaiians.

Above info from Attorney Tom Pierce’s website in June 2007, mauilandlaw.com


Ike ‘Āina



The specific purposes of the Corporation Include, but are not limited to:


  1. Preserving, protecting, and restoring land for cultural, historic, ecological, educational, recreational, agricultural, scientific, and scenic or open space purposes by acquiring real property in the Hawaiian Islands or partial interests therein, including conservation easements as defined by the laws of Hawaii, to protect the physical environment, cultural resources and public access thereto, for ecological and aesthetic, purposes and to perpetuate cultural resources and practices for the benefit of the public.


  1. Managing, restoring, and stewarding natural and cultural resources in the Hawaiian Islands; and


  1. Providing education, information, and technical assistance to individuals, organizations, and government agencies regarding the preservation, protection, and restoration [sic] natural and cultural resources, and the perpetuation of cultural resources and practices.

Community Trust for Kane'ohe Bay (CTKB)


  • CTKB was formed in 1997 as a LT to save specific parcels. The parcels were protected without CTKB needing to acquire any real property interest in it (fee or conservation easement). CTKB also conducted the Windward Viewshed Report.

  • CTKB’s Articles of Incorporation (submitted to the State and IRS) were written broadly to provide flexibility to the organization. The By Laws are more specific and can easily be altered. Part of the Purpose section from the Articles of Incorporation is below.


FROM ARTICLES OF INCORPORATION


Purposes. The Corporation is organized exclusively for the purposes of promoting the preservation, enhancement, and sustainability of resources related to Kane'ohe Bay and its Watershed. To achieve these purposes, the Corporation is organized for the following objectives and activities:

(i) Promote preservation, protection, and restoration of natural ecosystems, agricultural, aquacultural, cultural and historic resources;

(ii) Foster community-based stewardship of the resources;

(iii) Advocate for ecologically compatible uses, as well as living and working practices, including, but not limited to, appropriate recreation, agriculture, fishing, and cultural activities;

(iv) Promote educational opportunities and foster appreciation and awareness of the connections between land, water, and human activities;

(v) Acquire, lease, hold, manage and dispose of land, easements, and interests in land within the State of Hawai'i in a manner designed to meet and achieve the purposes and objectives of the Corporation;

(vi) Operate exclusively for charitable, scientific, literary, religious, or educational purposes, within the meaning of Section 501 (c) (3) of the Internal Revenue Code of 1986 (or corresponding provision of any future United States internal revenue law); and

(vii) Transact any or all lawful activities for which nonprofit corporations may be incorporated under Chapter 415B, Hawai'i Revised Statutes.


FROM BYLAWS

SECTION 5.2 NUMBER OF DIRECTORS

(a) The Board of Directors shall consist of 15 members. While this section may be amended from time to time pursuant to Article 16 of these Bylaws, no amendment resulting in any decrease in the number of Directors shall have the effect of shortening the term of any incumbent Director. The initial Board of Directors, which consists of 12 members as identified in the Articles of Incorporation, shall have the powers and authority of the Board of Directors as set forth in these Bylaws until all vacancies are filled to create the full 15-member Board at a time no later than the first annual meeting.

(b) At least 12 members of the Board of Directors shall be residents of the Kane'ohe Bay Watershed, which consists of the nine ahupua'a of Kualoa, Hakipu'u, Waikane, Waiahole. Ka'alaea, Waihe'e, Kahalu'u, He'eia, and Kane'ohe

(c) The composition of the Board of Directors shall be such that each member shall be deemed by the Board to occupy one of the Board's seats as follows:

(i) Three members shall be residents from the combined ahupua'a of Kualoa, Hakipu'u, Waikane and Waiahole at the time of nomination and election to the Board of Directors;

(ii) Three members shall be residents of the combined ahupua'a of Ka'alaea, Waihe'e and Kahalu'u at the time of nomination and election to the Board of Directors;

(iii) Three members shall be residents of the combined ahupua'a of He'eia and Kane'ohe at the time of nomination and election to the Board of Directors;

(iv) The remaining Board seats shall be at-large seats.


Maui Coastal Land Trust

Since 2002, MCLT has grown by leaps and bounds, gaining not only in lands held and funding but also in its help. Originally an all-volunteer organization, MCLT has acquired four employees in the last five years including: an executive director, a development director, an office manager, and a project manager for its 277-acre Waihe`e Coastal Dunes and Wetlands Reserve. MCLT's success is no small feat.

Executive Director Dale Bonar explains the impetus came from “the huge need for a private conservation organization focused on Maui and the interest and support of both the public and the government.” MCLT supports conservation efforts on all the islands in Maui County and focuses not only on coastal lands but also lands that have an effect on the coastal zone, including agricultural lands.

As an example, MCLT was recently awarded $1.1 million from the new Legacy Land Conservation Program to assist in the purchase of a perpetual agricultural conservation easement on Moloka`i.

  • Inception: 2001

  • Land Preserved: Six parcels totaling over 460 acres

  • Employees/volunteers: Four full time employees, one Americorp worker, numerous volunteers

  • President: Helen Nielsen

  • Exec. Director: Dale B. Bonar

  • Email: info@mauicoastallandtrust.org

  • Website: www.mauicoastallandtrust.org

  • Phone: (808) 244-LAND (5263)

  • Mailing Address: P.O. Box 965 Wailuku, HI 96793

  • Mission: We believe it is important to acquire, preserve and protect coastal lands in Maui Nui for the benefit of the natural environment and of current and future generations.

Above info from Attorney Tom Pierce’s website in June 2007, mauilandlaw.com


Tag line/ Bumper Sticker: “The time is at hand to protect Maui shorelines forever”


Organizational Summary

December 2006

Established in November, 2000; 501(c)(3) designation received April, 2001


Non-Membership Organization; Approximately 525 supporters


Board of Directors: 16 (Minimum of 9, maximum of 21)

Bi-Monthly board meetings


FT Staff (4): Executive Director, Director of Development & Outreach, Project Manager; Administrative Assistant/Volunteer Coordinator


Service Area: Maui County (Maui, Moloka`i, and Lana`i)


Committees:


* Executive

* Finance

* Development

* Board Development

* Lands

* PR/Outreach


Insurance: General Liability, Professional Liability (D&O), Auto


Fiscal Year: July 1-June 30


FY 2006 Operating Budget: $347,000.

FY 2006 Project Budget: $419,000 (primarily Waihe`e)


Banking and Investment: First Hawaiian Bank, Citi Bank -SmithBarney


Protection Efforts (as of 10/1/05):

Easements: 5 easements, 187 acres protected

Fee lands 1 property, 277 acres


Additional Protection anticipated by 6/30/06)

Easements: 7 easements, 523 acres protected

Fee lands 1 property, 4.5 acres



Lands We Seek to Protect:


Qualifying Criteria

Maui Coastal Land Trust Takes its Stewardship Role Seriously

Once the land trust accepts a conservation easement or acquires fee interest in conservation lands, the Land Trust must protect the property "in perpetuity". This is a significant commitment for the limited financial and personnel resources of the Trust, but it is a promise that can never be ignored or broken. Consequently, the members of the Land Trust's Board of Directors must carefully evaluate each proposed easement with respect to the Land Trust's conservation goals and managerial abilities. The land selection criteria described below were established:

  • To ensure that the Land Trust uses its limited resources most efficiently

  • To avoid projects that could create an unreasonable liability

  • To ensure that the Land Trust has a rational, defensible program of conservation that benefits the public

  • To provide a sound basis to say No as well as Yes to a project.

Maui Coastal Land Trust's conservation goals are sufficiently broad to include a wide variety of lands. In support of these goals, the following criteria are used to evaluate lands being considered for protection by the Land Trust.

Goals and Purposes Checklist:

To qualify for selection, property must meet all of these criteria:

  • The property is located in Maui County

  • The property protects and preserves coastal areas of Maui

  • The protection of coastal lands be consistent with the Maui County General Plan

  • Acquisition would protect coastal lands under threat from either existing or foreseeable development within the county

  • Protection of this property aids sound land use planning, promotes land conservation and encourages careful stewardship of coastal lands.

Public Benefit Checklist, including natural resource value:

To qualify for selection a property must meet one or more of these criteria, although the preference would be that the project achieves several of the benefits listed below:

  • Is in a relatively undisturbed natural, scenic or cultural condition and has recreational, scenic, cultural, or environmental value.

  • Protects habitat significant for plants and/or animals or geologic features including sand dunes.

  • Provides recreation close to larger population centers.

  • Protects or prevents degradation of water quality and/or enhances or maintains the water quality of the marine environment.

  • Provides public access to the coastal area including a suitable road or path from a public road or public land.

  • Provides benefits to the broad community rather than a narrow segment of residents.

  • Provides recreation for the public such as swimming, surfing, snorkeling, hiking, fishing, boat launch, windsurfing and/or picnicking.

  • Contains significant historical, archeological or cultural features

  • Has a history of cultural use.

  • Is currently designated as park, open space, public/quasi public in the regional Community Plans.

  • Buffers wetlands, wildlife habitats or other sensitive areas.

  • Provides a buffer for, or is close or contiguous to, an existing conservation easement, park, preserve or other protected land or marine area.

  • Provides scenic views from public roadways, waterways or recreational areas.

  • Provides public access for education or recreation.

  • Sets an important precedent for resource or open space protection in a targeted area.

  • Has been reviewed and recommended for acquisition by an appropriate commission or advisory committee established for that purpose, e.g., Scenic Corridors Study, Mayor's Beach Advisory Committee, the Beach Management Plan, the Special Committee on Acquisition Criteria, etc.

Feasibility Checklist:

Factors that may preclude Trust involvement: A property may meet the selection criteria favoring a land protection proposal and still may not be accepted if one or more of the following considerations apply:

  • The property's values are primarily scenic, but are not readily visible or accessible to the general public

  • The property is not large enough to be significant for its purpose and there is little likelihood of adjacent properties being protected.

  • There is not sufficient parking available for the public to enjoy the land.

  • The proposed open space is part of a development proposal which, overall, is likely to have significant adverse impacts on coastal, conservation resources.

  • Adjacent properties are being or likely to be, developed in a manner that would significantly diminish the conservation values of the property in question.

  • There is reason to believe that the land/easement would be unusually difficult to manage/enforce, for example, because of multiple or fractured ownership, clouded title, property line disputes, outstanding mortgages, difficulty in accessing the and, frequent incidence of destructive trespassing, fencing restrictions, or potential danger to users.

  • Sufficient monies are not provided or are not available for stewardship responsibilities and long term maintenance costs including regular monitoring, legal fees, litter removal, fencing, invasive plant removal, and for other safety considerations.

  • The landowner insists on provisions in a conservation easement that the Trust believes would seriously diminish the property's primary conservation value or the Trust's ability to enforce the easement.

  • The property cannot be acquired by the Trust with reasonable effort in relation to the property's conservation value.

  • The property is irreparably contaminated.

  • Ethical or public image problems exist in association with the acceptance of this project.

  • Another entity would be better able to protect the property.

The Board's Discretionary Role

All of the preceding notwithstanding, the Board of Directors retains discretion over acquisition or disposition of lands and will evaluate each project and proposal on its own merits after careful investigation of the property, its resources, and its public benefits.

Land Acquisition for Other Purposes

The Board of Directors may choose to:

  • Accept land with the understanding and agreement of the owner that it may be traded or sold to produce revenue.

  • Accept land with the intention of transferring the land to the state, county or other organization if such land furthers the MCLT objectives.

  • Accept land if the property is given for the purpose of producing income for the Trust's efforts.

Since the transfer of property is a legal process, an attorney handles the Land Trust's part in transactions. Donors must rely on their own attorneys, appraisers and tax specialists in order to insure that they receive personal and objective representation during negotiations and appropriate benefit from the transfer.

As the Land Trust considers each proposal for land protection, it must determine how it will hold its interest in the property. Conservation easements, outright land gifts, and trade property are the usual methods of acceptance. Other arrangements may be negotiated. For more information, please call Maui Coastal Land Trust at 244-5263. Your inquiry will be treated as confidential and without further obligation.


HI Land Trust Compilation Page 1 of 12

No comments: