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Beneficiaries warn DHHL against accepting donated ʻEwa parcel tied to leaseback to developer
Summary
A Nanakuli beneficiary told the commission that a proposed donation of a 19.354‑acre ʻEwa parcel encumbered by a ground lease to an affiliate of the donor could create a precedent allowing developers to bypass county zoning; she said she filed an IRS complaint alleging nonprofit presidents were promised payments for endorsements.
Germaine Myers, a Nanakuli homestead lessee, told the Hawaiian Homes Commission that a December 2024 agenda item proposing DHHL negotiate to accept a donation of a 19.354‑acre parcel in ʻEwa carries a risk of setting a harmful precedent.
Myers quoted the staff submission describing a donor developer's plan to purchase the property, enter a ground lease with a special‑purpose entity it controls, then donate the land to DHHL while the developer retained a lease that would allow pursuit of commercial development. "In KDL's hands, the property would not be subject to City & County of Honolulu's zoning restrictions," Myers said, adding the arrangement could “allow private donor developers to skip the very rules that protect Hawaiian communities, environmental resources, traffic safety, and shoreline areas.”
Myers alleged three Kapolei homestead nonprofit presidents endorsed the developer after being promised payments and said she filed IRS Form 13909 requesting investigation. She urged the commission not to accept testimony that she described as financially compromised and asked DHHL to protect beneficiary interests and the agency's integrity.
Commission staff acknowledged receipt of Myers' handout and video materials and noted the commission had the documentation. No formal action was taken at the Nov. 18 meeting; Myers asked that the proposed donation agreement and the results of beneficiary consultation be brought to the commission for review before any approval.
Next steps: Myers asked that DHHL not set a precedent that could be used to circumvent county permitting processes. The commission received the handout and indicated staff would retain the materials and consider next steps for beneficiary consultation and any required legal review.
