Battle brewing between Native Hawaiians, Bay Area developer over $200 million luxury condos

Located in Koloa on the south side of Kauai, the development — named Kauanoe o Koloa — promises a piece of paradise for the potential residents of 279 fee-simple condominium homes on 25 acres near sunny Poipu, with breathtaking views, pools, spas, a restaurant and clubhouse, and in close proximity to golf courses and beaches. The homes do not come cheap: Bay Area- and Hawaii-based developer Meridian Pacific, which purchased the land in 2020, is offering two-bedroom condos at a starting price of $1.2 million. 

But standing just outside the construction zone is a group of people loudly voicing opposition to the project.

In a community already struggling to find affordable housing options, it’s clear to the protestors that these condos are not being built for Native Hawaiians or kamaaina (children of the land), but rather for transplants and off-island investors. The fight, they say, is also about saving cultural history and protecting burial sites.

“We’re just trying to fight for our kids’ futures. It’s sad that our generation can’t buy a home, and I think that we’re just really trying to honor the past, but at the same time preserve the future,” Elizabeth Okinaka tells SFGATE. 

The 29-year-old is the president of Save Koloa, a group committed to protecting cultural sites and iwi kupuna (Hawaiian ancestral bones). Okinaka has been present outside the construction site since December 2020. More than a year later, she says the group has someone down there almost every day.

“I just got sick of watching all these sites that I love be destroyed,” says Okinaka, “and I just decided enough was enough, you know, and that we just have to speak up and get people to pay attention.”

Though these particular protests began in 2020, the anger exhibited started decades ago, when the land was originally part of a larger 457-acre parcel. Then owned by another California developer, Moana Corporation, the Land Use Commission allowed the parcel to be rezoned from agricultural to urban use under the condition that it would protect historic sites and include affordable housing for Kauai residents. 

That didn’t happen. Instead, over the years, the land changed hands, and was subdivided and sold to different owners. Under an agreement with the Kauai Housing Agency, the new landowners made payments to cover the affordable housing obligation. All of the other landowners had paid up, except for the owner of Kauanoe o Koloa. 

“Through a mediation process, the county ultimately accepted pre-litigation settlement payment from [Kauanoe o Koloa] to avoid lengthy and costly litigation,” Sarah Blane, chief of staff for the Kauai Office of the Mayor, told SFGATE in an email. “This settlement was approved by the County Attorney’s office and the County Council. The approximately $5.2 million payment will be used exclusively to create affordable housing.” 

What makes a development site culturally significant

In Hawaii, the question of whether a proposed development site has cultural or historical significance is common when determining whether a project can move forward. That task falls on the Hawaii State Historic Preservation Division (SHPD), which sends archaeologists to these locations, and they make recommendations based on the findings.

Regardless of what is found, however, it is the county that ultimately makes the decision about which is more important: the archaeological and cultural sites that may or may not exist there, or the proposed project. 

But many Native Hawaiians feel left out of the process. These laws are where Western science trumps indigenous knowledge, and whether these sites are important to Native Hawaiians — no matter how big or small or mundane they may seem — is not heavily considered.

At Koloa, one fact that everyone can agree on is that the land was originally part of an agricultural engineering marvel — a sophisticated irrigation system that fed water from a river down through Koloa so Hawaiians could grow crops in what is otherwise dry land. Known as the Koloa Field System, it, at one time, encompassed over 1,000 acres in Koloa.

Evidence of the sophisticated system was found in earlier archaeological surveys, which identified many historic sites. But a recent 2021 field inspection reports that the cultural sites on the Kauanoe o Koloa parcel were destroyed “by bulldozing and other ground disturbing activities that occurred over the last several decades.” 

No one knows who did it, nor does SHPD believe it can be traced. “There’s nothing to suggest this has happened in, say, the last six months to a year,” Alan Downer, the SHPD administrator, told SFGATE. “It looks like that stuff’s been gone a long time.”

SHPD, therefore, made a determination that no historic artifacts will be affected by the development. And due to concerns that the site could affect endangered species known to exist nowhere else but in Koloa, like the Kauai cave wolf spider and the cave amphipod, the U.S. Fish & Wildlife looked into the issue and responded that “the project area does not contain critical habitat for them.”

Another consideration is the presence of caves, or old lava tubes, underneath Koloa, where the wolf spider and amphipod have been found to live in adjacent properties. 

Okinaka says the Koloa caves are important historically, as they were used by Hawaiians for travel, for storage, for hiding, and for surprise attacks during war. Additionally, it’s well documented in Hawaiian history that some caves were used for burials. 

Oral histories passed down in Koloa’s Native Hawaiian families say there are known burial sites in these caves underneath the Kauanoe o Koloa project, according to Okinaka, and she and others have been trying to register the burials with the Kauai Island Burial Council. 

“We don’t actually have evidence of [burials],” says Downer of the archaeological history. “There may be or may not be.”

Under state law, development stops if burial sites are found. But in this case, descendants can’t prove the burial sites are there — unless the developer comes across one. 

“And now it’s sad with the dynamiting; they’re blowing them up,” says Okinaka.

When archaeologists inspected the land, the caves underneath the property were not surveyed, says Downer, as there is no cave entrance on the property. So when the use of explosive devices were used to level the land, it caused a stir not only in the community, but within SHPD.

“We were not aware at the time we reviewed that project for the county permit that there would be use of explosives. We think that’s a problem,” says Downer. “Dynamite has a different potential to affect things than, say, running a bulldozer.”

The County of Kauai, however, says it’s not a requirement of the permit to disclose how the work is being done. But once community concern grew, the county asked the historic preservation division, which enforces the laws related to burials, and the U.S. Fish and Wildlife Service, which enforces laws related to endangered species, to check.

“There was no recommendation by either agency to issue a stop work order,” says Blane. Meridian Pacific told SFGATE in a statement that it was “absolutely committed to fulfilling our obligations to protect and preserve the natural, historical, and cultural resources within our project areas,” pointing out that it had a team of experts for whom “preservation of these resources is their life’s work.” 

“We are confident in the steps we have taken thus far,” the statement continued, “and will continue to take to ensure not only our compliance with agency regulations and guidance but to fulfill our role as a mindful partner in the communities we are fortunate to have a presence in, like Koloa.”

The promise of affordable housing

Native Hawaiians are overrepresented in the homeless population, and the island of Kauai, like others, is going through an affordable housing crisis. With the monetary settlements given by these developers over the past decades, the County of Kauai has built affordable communities, but Okinaka doesn’t think that solves any of the problems.

“I think this whole idea of affordable housing in my opinion is bullsh—,” Okinaka says. “I think we’ve glorified it to think that it’s a solution and it’s not. We need homes in Hawaii; we need homes that we can pass down for generations. That’s the only long-term solution.

“We got low-income housing [like the affordable community of] Paanao that is still here currently, but it’s horrible and poverty-ridden; the drug problem is horrible,” continues Okinaka, who grew up there. “It’s down to the point now that our poor kids don’t even have yards to play in.”

Though affordable homes are needed, what the group hopes to happen is that everyone is held accountable for the promises made in the past — by the state, county and developers.

“Even down to the shopping center, when they were pitched in the ’70s, they were supposed to be mom-and-pop shops and laundromats, and [a place where] local families can actually run businesses,” says Okinaka. 

Ultimately, she would prefer that the land proposed for Kauanoe o Koloa remain undeveloped.

“I think it should be an archaeological preserve,” she said. “I think that it should be donated and I think that it could be used for agricultural use again. We need a nonprofit like us that would step up and caretake it, and protect the burial sites and make sure that those burials do get registered,” she says.

“Our fear is that, you know, in 10 years, another developer would come along and do it again.”

Editor’s note: SFGATE recognizes the importance of diacritical marks in the Hawaiian language. We are unable to use them due to the limitations of our publishing platform.

Located in Koloa on the south side of Kauai, the development — named Kauanoe o Koloa — promises a piece of paradise for the potential residents of 279 fee-simple condominium homes on 25 acres near sunny Poipu, with breathtaking views, pools, spas, a restaurant and clubhouse, and in close proximity to golf courses and beaches. The homes do not come cheap: Bay Area- and Hawaii-based developer Meridian Pacific, which purchased the land in 2020, is offering two-bedroom condos at a starting price of $1.2 million. 

But standing just outside the construction zone is a group of people loudly voicing opposition to the project.

In a community already struggling to find affordable housing options, it’s clear to the protestors that these condos are not being built for Native Hawaiians or kamaaina (children of the land), but rather for transplants and off-island investors. The fight, they say, is also about saving cultural history and protecting burial sites.

“We’re just trying to fight for our kids’ futures. It’s sad that our generation can’t buy a home, and I think that we’re just really trying to honor the past, but at the same time preserve the future,” Elizabeth Okinaka tells SFGATE. 

The 29-year-old is the president of Save Koloa, a group committed to protecting cultural sites and iwi kupuna (Hawaiian ancestral bones). Okinaka has been present outside the construction site since December 2020. More than a year later, she says the group has someone down there almost every day.

“I just got sick of watching all these sites that I love be destroyed,” says Okinaka, “and I just decided enough was enough, you know, and that we just have to speak up and get people to pay attention.”

Though these particular protests began in 2020, the anger exhibited started decades ago, when the land was originally part of a larger 457-acre parcel. Then owned by another California developer, Moana Corporation, the Land Use Commission allowed the parcel to be rezoned from agricultural to urban use under the condition that it would protect historic sites and include affordable housing for Kauai residents. 

That didn’t happen. Instead, over the years, the land changed hands, and was subdivided and sold to different owners. Under an agreement with the Kauai Housing Agency, the new landowners made payments to cover the affordable housing obligation. All of the other landowners had paid up, except for the owner of Kauanoe o Koloa. 

“Through a mediation process, the county ultimately accepted pre-litigation settlement payment from [Kauanoe o Koloa] to avoid lengthy and costly litigation,” Sarah Blane, chief of staff for the Kauai Office of the Mayor, told SFGATE in an email. “This settlement was approved by the County Attorney’s office and the County Council. The approximately $5.2 million payment will be used exclusively to create affordable housing.” 

What makes a development site culturally significant

In Hawaii, the question of whether a proposed development site has cultural or historical significance is common when determining whether a project can move forward. That task falls on the Hawaii State Historic Preservation Division (SHPD), which sends archaeologists to these locations, and they make recommendations based on the findings.

Regardless of what is found, however, it is the county that ultimately makes the decision about which is more important: the archaeological and cultural sites that may or may not exist there, or the proposed project. 

But many Native Hawaiians feel left out of the process. These laws are where Western science trumps indigenous knowledge, and whether these sites are important to Native Hawaiians — no matter how big or small or mundane they may seem — is not heavily considered.

At Koloa, one fact that everyone can agree on is that the land was originally part of an agricultural engineering marvel — a sophisticated irrigation system that fed water from a river down through Koloa so Hawaiians could grow crops in what is otherwise dry land. Known as the Koloa Field System, it, at one time, encompassed over 1,000 acres in Koloa.

Evidence of the sophisticated system was found in earlier archaeological surveys, which identified many historic sites. But a recent 2021 field inspection reports that the cultural sites on the Kauanoe o Koloa parcel were destroyed “by bulldozing and other ground disturbing activities that occurred over the last several decades.” 

No one knows who did it, nor does SHPD believe it can be traced. “There’s nothing to suggest this has happened in, say, the last six months to a year,” Alan Downer, the SHPD administrator, told SFGATE. “It looks like that stuff’s been gone a long time.”

SHPD, therefore, made a determination that no historic artifacts will be affected by the development. And due to concerns that the site could affect endangered species known to exist nowhere else but in Koloa, like the Kauai cave wolf spider and the cave amphipod, the U.S. Fish & Wildlife looked into the issue and responded that “the project area does not contain critical habitat for them.”

Another consideration is the presence of caves, or old lava tubes, underneath Koloa, where the wolf spider and amphipod have been found to live in adjacent properties. 

Okinaka says the Koloa caves are important historically, as they were used by Hawaiians for travel, for storage, for hiding, and for surprise attacks during war. Additionally, it’s well documented in Hawaiian history that some caves were used for burials. 

Oral histories passed down in Koloa’s Native Hawaiian families say there are known burial sites in these caves underneath the Kauanoe o Koloa project, according to Okinaka, and she and others have been trying to register the burials with the Kauai Island Burial Council. 

“We don’t actually have evidence of [burials],” says Downer of the archaeological history. “There may be or may not be.”

Under state law, development stops if burial sites are found. But in this case, descendants can’t prove the burial sites are there — unless the developer comes across one. 

“And now it’s sad with the dynamiting; they’re blowing them up,” says Okinaka.

When archaeologists inspected the land, the caves underneath the property were not surveyed, says Downer, as there is no cave entrance on the property. So when the use of explosive devices were used to level the land, it caused a stir not only in the community, but within SHPD.

“We were not aware at the time we reviewed that project for the county permit that there would be use of explosives. We think that’s a problem,” says Downer. “Dynamite has a different potential to affect things than, say, running a bulldozer.”

The County of Kauai, however, says it’s not a requirement of the permit to disclose how the work is being done. But once community concern grew, the county asked the historic preservation division, which enforces the laws related to burials, and the U.S. Fish and Wildlife Service, which enforces laws related to endangered species, to check.

“There was no recommendation by either agency to issue a stop work order,” says Blane. Meridian Pacific told SFGATE in a statement that it was “absolutely committed to fulfilling our obligations to protect and preserve the natural, historical, and cultural resources within our project areas,” pointing out that it had a team of experts for whom “preservation of these resources is their life’s work.” 

“We are confident in the steps we have taken thus far,” the statement continued, “and will continue to take to ensure not only our compliance with agency regulations and guidance but to fulfill our role as a mindful partner in the communities we are fortunate to have a presence in, like Koloa.”

The promise of affordable housing

Native Hawaiians are overrepresented in the homeless population, and the island of Kauai, like others, is going through an affordable housing crisis. With the monetary settlements given by these developers over the past decades, the County of Kauai has built affordable communities, but Okinaka doesn’t think that solves any of the problems.

“I think this whole idea of affordable housing in my opinion is bullsh—,” Okinaka says. “I think we’ve glorified it to think that it’s a solution and it’s not. We need homes in Hawaii; we need homes that we can pass down for generations. That’s the only long-term solution.

“We got low-income housing [like the affordable community of] Paanao that is still here currently, but it’s horrible and poverty-ridden; the drug problem is horrible,” continues Okinaka, who grew up there. “It’s down to the point now that our poor kids don’t even have yards to play in.”

Though affordable homes are needed, what the group hopes to happen is that everyone is held accountable for the promises made in the past — by the state, county and developers.

“Even down to the shopping center, when they were pitched in the ’70s, they were supposed to be mom-and-pop shops and laundromats, and [a place where] local families can actually run businesses,” says Okinaka. 

Ultimately, she would prefer that the land proposed for Kauanoe o Koloa remain undeveloped.

“I think it should be an archaeological preserve,” she said. “I think that it should be donated and I think that it could be used for agricultural use again. We need a nonprofit like us that would step up and caretake it, and protect the burial sites and make sure that those burials do get registered,” she says.

“Our fear is that, you know, in 10 years, another developer would come along and do it again.”

Editor’s note: SFGATE recognizes the importance of diacritical marks in the Hawaiian language. We are unable to use them due to the limitations of our publishing platform.

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