How should the Board of Land and Natural Resources categorize – and therefore assess – the many uses of state land enjoyed by guests of the Kahala resort?

Consider: A clamshell lounge or cabana positioned on state land has recreational value to the person occupying it, but to the hotel, which charges as much as $200 a day for the cabana, the furniture is a commercial investment.

For years, the resort has been able to make millions off commercial uses of the state land, which it occupies under a revocable permit allowing only for maintenance and for recreational uses and for which the resort pays a pittance in monthly rent. Attorneys for the resort argue that many of the activities for which their client is paid are recreational and therefore compliant with terms of the occupancy permit.

Now that the terms of its occupancy have been challenged, it will be interesting to see how the Land Board resolves the issue.


Land Board Green Lights Na Pua Makani Wind Farm

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Departing from its hearing officer’s recommendations, the Board of Land and Natural Resources has voted to approve a Habitat Conservation Plan (HCP) and Incidental Take License (ITL) for the proposed 25-megawatt Na Pua... READ MORE