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Commission authorizes DHHL to negotiate transfer of 19.354‑acre Ewa parcel, defers second TMK

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Summary

Commission voted to authorize DHHL to negotiate an agreement to accept transfer/ donation of a 19.354‑acre parcel in Ewa and to defer the corrected submittal that adds a second TMK until the January meeting; staff noted the developer seeks prompt action to meet regulatory timelines.

The Hawaiian Homes Commission on Dec. 17 authorized the Department of Hawaiian Home Lands to proceed with negotiations on the department’s original submittal to accept the transfer of a 19.354‑acre parcel in Ewa, Oʻahu, and agreed to defer consideration of a corrected submission that adds a second TMK until the January meeting.

The item had been flagged at the prior meeting because a corrected submittal that included an additional TMK and corrected developer entity name was not timely agendized. Staff told the commission that the Attorney General’s office advised the correction be considered at the next meeting. During today’s discussion the developer representative said that while the second parcel correction would follow next month, the developer sought authorization to proceed on the original submission so it could begin permitting, planning and financing steps without further delay.

The commission received public testimony and discussed whether it was appropriate to act on the original item while the corrected TMK remained to be agendized. Some commissioners urged caution and noted beneficiaries’ concerns about how gifts or transfers with conditions should be evaluated; others said moving forward with negotiation authority could unlock developer commitments and revenue opportunities for DHHL.

After discussion, the commission voted to authorize DHHL to negotiate the transfer on the original submittal and to take up the corrected item (with the second TMK) at the January meeting. The clerk recorded the vote after noting the chair’s recusal; the record shows the clerk’s tally and the motion carried. DHHL staff said they will return with any negotiated agreement for commission approval and that no final conveyance will occur without further approvals and required due diligence, including updated title reports and environmental reviews where appropriate.

Patty Tonkayo, speaking for the developer, told commissioners the developer needs to begin plan and financing work immediately: "It's urgent. We need to do it now. I need to start, like, tomorrow," she said, asking the commission for a signal to proceed on the original submittal while the second TMK is agendized for January.

Commissioners asked staff to ensure title updates and AG‑reviewed procedures are in place before final agreement approval. Staff reminded commissioners the full negotiated agreement will come back to the commission for a formal vote.