KIPAHULU, MAUI

Imperium Kipahulu Kai, LLC. quiet titled 196 acres in Kipahulu, desecrated cultural sites in the area.

 

Imperium Kipahulu Kai, LLC. who is a company based out of Dallas Texas quiet titled property in Kipahulu, Maui and with just a grubbing permit from the County, went beyond the scope of their permit - desecrating sacred religious sites in the process. Neighboring residents reported destruction to stream beds, debris disposed of in stream beds further altering the stream beds and causing hazards to residents further down the streams. Residents also reported desecration of taro patch infrastructure and cultural property including historical trees and other subsistence resources including taro patches. The County of Maui has issued a cease and desist order of the grubbing permit they issued and they are moving forward with legal action against the Company. Resource rangers served the company with cease and desists notice from the Land Commission Awardees of the 196 acres that Imperium Kipahulu Kai LLC. claims to own.

Resource rangers are scheduled to conduct a site inspection in August and an update will be posted at that time. Please email us for more information, aloha@kuahawaii.com

——— Cultural Impact Statement ———

We are lineal descendant of the area. We are disheartened by the continuous reports of desecration by the company. 

This cultural impact statement in reference to the activity by Imperium Kai Kipahulu LLC in the region of Kipahulu on the island of Maui. We do not support their activities and intentions for the area. They have offended the stipulations of their Maui County grubbing permit. They have been issued a cease and desist order and are being sued by Maui County corporate council yet they continue to excavate and desecrate sacred sights in the area of Kipahulu.

Many residents of Kipahulu and Kaupo have reported reckless driving by Imperium’s large trucks that travel back and forth between central Maui and Kipahulu. Residents notes their vehicles drive too fast and their drivers are unacquainted with the backside roadways to be driving such large vehicles at such excessive speeds causing sincere traffic hazards. One of their trucks was travelling at high speed and failed to manuver a turn, crashing into the lava fields. The truck sat damaged and inaccessible for weeks until they contracted specialized salvaging services to remove it from the Kaupo countryside area. Their actions have put commuters at extreme risk given the nature of the backside roadway lacking guardrails, being pitched on high cliffs sides and in most areas along the route only one car length wide. 

Their outsourcing of workforce has proven an issue socially among the larger East Maui community. A large majority of Kipahulu residents do not condone or desire the activity of Imperium Kai, for this reason Imperium had just recently resorted to importing labor from the other side of the mountain. These residents from the other side were out at odds with Kipahulu residents some of them being related. The imported workforce was completely unaware of Imperium’s larger plan for the property and unknowingly participated in acts of desecration that cannot be undone. The acts of desecration include altering the natural stream path and flow of water, contaminating the water and creating hazards for the residents below. There have been numerous accounts of Imperium clearing trees and dumping them into the stream beds. This debris creates hazardous conditions for the residents who live downstream and extreme risks under flash flooding conditions.

Imperium has desecrated many sacred sites including taro patch infrastructure and burials. The damage done has significantly impacted our lifestyle as native tenants already. Their operation and numerous locked gates continues to prohibit native tenant accesses for gathering and subsistence purposes in the area. We have reports from multiple hunters that traditional hunting pathways have been blocked by locked Imperium gates. Native tenants have been met with an outsourced and subsequently, unaware workforce who cannot comprehend the depth and capacity of native tenant rights. Gatherers have expressed their concerns to Imperium with no regard by Imperium to remedy the reinstatement of gathering rights for native tenants. 

Imperium has been reported for moving neighborhood property owner boundary pins which leads to concerns of trespassing by Imperium. 

We have concerns that Imperium is illegally soliciting subdivision sales prior to being granted such permits. Described as heavy civil construction and agricultural operations on the island of Maui, Hawaii. Imperium’s website notes they are also.. “Expanding operations in Hawaii, acquiring land in the Hana region well below appraised values. Our process includes the completion of development schematics and cost estimations prior to close. Shortly after settlement, our clearing and agriculture construction commences. Until property subdivision is approved, Imperium’s crop production such as tea preserves tase exemptions and generates interim income. Subdividing requires extensive land preparation, lot staking, and engineered systems, but most of our subdivision preparation is conducted as a part of our agricultural work.” 

War crimes of pillaging committed against Protected Persons by Imperium-Kipahulu Kai LLC.

Hawaii’s status is a nation-state, under International law, which has been under an illegal occupation by the United States since it, by its own admission, illegally overthrew the Hawaiian Kingdom government on January 17, 1893. After a presidential investigation was completed on October 18th, 1893, then- United States President Grover Cleveland notified the Congress, two months later, and stated that by: 

“an act of war, committed with the participation of a diplomatic representative of the United States and without authority of Congress, the Government of a feeble but friendly and confiding people has been overthrown. A substantial wrong has thus been done which a due regard for our national character as well as the rights of the injured people requires we should endeavor to repair.”1 

These acts of war created a state of war between itself and the Hawaiian Kingdom which replaced the state of peace which had existed up to that point. International law bound, and still binds, the United States to adhere to the law of occupation. These were later codified under the 1907 Hague Convention, IV (“HCIV”), and the 1949 Geneva Convention, IV (“GCIV”).2 The United States Senate agreed to being bound by its ratification of both the HCIV and the GCIV and their provisions were thus made United States federal law. Violations of these conventions are ‘war crimes’ as defined by 18 U.S.C. §2441. Article 154 of the GCIV clearly states that it is supplemental to the HCIV. According to Amnesty International, war crimes are “crimes that violate the laws and customs of war defined by the Geneva and Hague Conventions.”3 

Concern Over Incurring Criminal Liability for the following War Crimes, but not limited to: 

Rule 33 Directing an attack against personnel and objects involved in a peacekeeping mission in accordance with the Charter of the United Nations, as long as they are entitled to the protection given to civilians and civilian objects under international humanitarian law, is prohibited. 

Rule 34 Civilian journalists engaged in professional missions in areas of armed conflict must be respected and protected as long as they are not taking a direct part in hostilities. 

Rule 38 Property of great importance to the cultural heritage of every person must not be the object of attack unless imperatively required by military necessity. 

Rule 41 The occupying power must prevent the illicit export of cultural property from occupied territory and must return illicitly exported property to the competent authorities of the occupied territory. 

Rule 43 Destruction of any part of the natural environment is prohibited, unless required by imperative military necessity. 

Rule 45 The use of methods or means of warfare that are intended, or may expected, to cause widespread, long-term and severe damage to the natural environment. 

Rule 52 Pillage is prohibited. 

Rule 132 Displaced persons have a right to voluntary return in safety to their homes or places of habitual residence as soon as the reasons for their displacement cease to exist. 

We do not support Imperium's grant of an agricultural exemption permit by the USDA, they have been ordered to cease and desist their operations from both the County of Maui and Kingdom of the Hawaiian Islands and do not deserve any support based on the acts of desecration they have committed thus far.


VOLUNTEER TO HELP PROTECT SACRED SITES >> ALOHA@KUAHAWAII.COM