Most of the land on which the Kaua`i Test Facility sits is part of the larger Pacific Missile Range Facility, operated by the U.S. Navy. The land is ceded land, which was turned over to the military for its use in two Executive Orders issued by territorial governors. One corner of the Kaua`i Test Facility sits on land leased to the Navy by the state. The Navy leases from the state two more adjoining parcels of state land (including one parcel on Hawaiian Home Lands) back in the mountains. There, during World War II the military dug out caves, which continue to be used for storage of ordnance and other explosive devices, including VANDAL rockets.
For Bombing Only
The Navy has claimed to own the real estate under its base. But that’s not technically true. As soon as the Navy no longer has a use for it, the land is to revert to the state. Although the Navy may control use of the land for now, it is bound by the terms of the executive set-aside orders, which provide that “access to the shore for the purpose of fishing will be denied only on the portion used for bombing and that only while same is actually in progress or about to commence.”
The nature of maneuvers at PMRF as well as that of the activities for which people seek beach access has changed since the executive orders. Users of the beach areas these days are as likely to be surfers and picnickers as they are to be fishermen. Sea-to-shore bombing has been supplanted by launching.
But to date, the only purpose for which the Navy is allowed to close off public access to the shore remains bombing. No one has challenged the Navy on its closure of beach areas for launch activities, although these closures have been frequent and, in some cases, have lasted for weeks at a time.
Condemnation
In 1992, the Army apparently was growing frustrated with the delays to STARS launches that were entailed by the need to close access to portions of adjoining state land, including Polihale State Park. Steps were taken to begin condemnation of all state land within a 10,000-foot radius of the STARS launch pad.
The Land Board was notified of this on May 7, 1992, when the Navy’s real estate division sent a letter to then Land Board Chairman William Paty. The letter advised Paty that “the Navy has awarded a contract to Clarence A. Lee, Inc., for the preparation of a value appraisal covering lands at Kekaha, Waimea, Kaua`i. The study will cover non-federal lands which are located within a ground hazard area associated with rocket launching operations.”
The appraiser had been instructed to develop the market value of an “easement interest” for both a 10-year period and a 20-year period. “The appraiser will also develop the fee value of these lands as well as the fee value of the areas within the hazard area currently leased to the United States. Upon completion of the study, a decision will be made as to the exact interests that will be acquired. Thereafter, a formal written offer will be made to the State of Hawai`i…”
Six months later, in November 1992, word of the condemnation proceedings reached the office of Senator Daniel K. Inouye. On November 17, he wrote Defense Secretary Dick Cheney, letting Cheney know that this action did not enjoy the support of the chairman of the Senate Appropriations subcommittee on defense.
“I have been informed that the Strategic Defense Initiative (SDI) program office has decided to file a petition in federal court to obtain temporary control over certain state property to permit launch of test rockets from the Pacific Missile Range Facility… The petition will ask the court to ‘condemn’ property within a specific ground hazard area to permit federal officials to remove civilians from this area.”
Inouye noted that this action would “make moot an ongoing suit in state court.” “[I]t is reasonable to expect a strong reaction to this condemnation proceeding,” he said, adding that it could place “further strain on the relationship between PMRF and the public.”
Inouye concluded with a request that Cheney “stop the filing of this condemnation petition.” The request seems to have been granted.
A Lease Interest?
Much of the land in the ground hazard area is leased by Kekaha Sugar Company. Its lease expires December 31, 1993, but may be extended for one year if the company so desires.
The Memorandum of Agreement signed by the Army, the Navy, the state, and Kekaha Sugar allows the military to ask people to leave the ground hazard area only through the end of 1993. Given the military’s expressed interest in acquiring the land, it may not be far-fetched to imagine it has an interest in acquiring through lease the cane land in the ground hazard area when the Kekaha lease expires.
Volume 3, Number 9 March 1993
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