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DHHL commissioners send tree-safety testimony to attorneys, will study removal and mitigation
Summary
A Malu ʻŌhai lessee told the Department of Hawaiian Home Lands Commission that a large shower tree is creating safety, health and structural concerns. The commission moved into executive session to consult attorneys and later said consultants and staff will study mitigation and removal options.
A lessee at Malu ʻŌhai told the Department of Hawaiian Home Lands (DHHL) Commission that a shower tree next to her home is a safety and health hazard and urged the agency to consider tree removal rather than periodic trimming.
Eileen Lehua Camilla, who identified herself as a lessee at Malu ʻŌhai Homestead, said the 2001-planted shower tree now “towers over my second story house,” drops leaves and flowers that aggravate her asthma, and has caused damage to roof gutters, solar panels and a streetlight cover that hangs over the pedestrian sidewalk. She told the commission the tree’s roots have cracked her patio and she fears foundation damage. “Please remove the tree as it has caused enough damage, time, and energy taken away from caring for my family,” Camilla said.
The commission’s chair called for consultation with attorneys and moved to convene in executive session under Hawai‘i Revised Statutes section 92‑5(a)(4) to consult with counsel on “questions and issues pertaining to the commission’s powers, duties, privilege, immunities, and liabilities.” The motion carried on voice vote.
When the commission reconvened, members said they had reviewed legal issues and discussed options to protect beneficiaries. A commissioner told Camilla the department would treat the matter as a beneficiary-safety and maintenance issue and would not limit its review to liability concerns. Commissioners said consultants would be asked to evaluate removal versus mitigation and possible replacement plantings. One commissioner asked for suggestions from the community on replacement species and mitigation strategies.
Commissioners acknowledged the complexity of balancing cultural and landscape values with safety and maintenance costs. Commissioners also said the department will consider how to avoid placing trust funds at risk for litigation and to limit long-term maintenance costs once properties are turned over to counties where appropriate.
Camilla had asked the commission to pursue legal counsel because of possible litigation; after executive session staff confirmed the agency would examine options, including consultant studies and replacement strategies, and follow up with the lessee. The commission did not vote on removal at the meeting and did not announce a timeline for follow-up decisions.
The testimony and the commission’s executive-session motion were recorded in the meeting minutes and will be available once the commission completes any required legal filings.
