A loan officer considering financing a project prior to a clarification of PASH better have a backup job. No quick fixes are on the horizon. A comprehensive solution is necessary. Although the courts created this miasma, they cannot solve it. By their nature, courts are limited to a piecemeal, case by case approach.
Hawaiian history provides a possible, albeit time consuming, solution.
Approximately 150 years ago the Great Mahele and the Land Commission determined native rights to land. Hawaii wanted to participate in world trade. Foreign investment was necessary so that Hawaii could obtain the means for acquiring goods and services. Unless Hawaii recognized property rights, it had nothing with which to trade. Certainty in property rights was a catalyst to the Mahele process.