WHEREAS, Samuel Mills Damon was a very successful business man in Hawaii and established a trust to manage his assets after his death in 1924; and

WHEREAS, he included many real estate holdings in his trust including the popular twenty-three acre picnic park and tourist stop known as Moanalua Gardens and the beautiful thirty-seven hundred acre Kamananui valley; and

WHEREAS, during his life and after his death, Mr. Damon allowed Moanalua Gardens to be used for the public's use and enjoyment, and thus, the park has remained open to the public for over one hundred years; and

WHEREAS, Kamananui valley was also opened to the public after Mr. Damon's death for recreational and educational purposes; and

WHEREAS, many of Hawaii's families and tourists have visited the park and valley to enjoy its many natural beauties, including its cultural artifacts, wildlife, and magnificent trees; and

WHEREAS, Moanalua Gardens has been zoned for conservation and preservation, and Kamananui valley is classified as a "restricted preservation property"; and

WHEREAS, however, the Damon trust is set to terminate, and as a result, all of the trust's assets, including Moanalua Gardens and Kamananui valley, are being liquidated; and

WHEREAS, it is unknown who will purchase Moanalua Gardens or Kamananui valley or if both the park and the valley will remain open to the public; and

WHEREAS, the Legislature understands the fiduciary responsibility the trustees have to obtain the best benefit for the beneficiaries of the Damon trust, but as the land the garden and valley sit on is zoned and classified for conservation and preservation, their use is very limited, and the upkeep and maintenance are also very expensive; and

WHEREAS, while the trustees have a fiduciary responsibility to the beneficiaries of the trust, they should also consider the public goodwill and historical benefit that may be gained from the trust or beneficiaries dedicating the gardens to a non-profit organization; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-third Legislature of the State of Hawaii, Regular Session of 2005, that the Legislature requests the Damon Estate trustees and beneficiaries to consider the possibility of dedicating Moanalua Gardens and Kamananui valley to a nonprofit organization because the dedication may result in a possible tax benefit to the beneficiaries, but more importantly a continued social benefit for the people of Hawaii and a lasting symbolic legacy to Samuel Mills Damon; and

BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Damon Estate and Moanalua Gardens Foundation.

Report Title:

Requests the Damon Estate to consider dedicating Moanalua Gardens and Kamananui valley to a nonprofit organization.