Report Title:
Kuleana lands; 10 year holding period
Description:
Requires the Department of Land and Natural Resources to hold any lands where the owner of an inheritable interest in kuleana lands dies intestate and there is no taker under the Hawaii Probate Code, for 10 years before passing to the Office of Hawaiian Affairs.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2884 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to kuleana lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 560:2-105.5, Hawaii Revised Statutes, is amended to read as follows:
"§560:2-105.5 Escheat of kuleana
lands. Any provision of law to the contrary notwithstanding, if the owner
of an inheritable interest in kuleana land dies intestate, or dies partially
intestate and that partial intestacy includes the decedent's interest in the
kuleana land, and if there is no taker under article II, such inheritable
interest shall pass to the department of land and natural resources to be held
in trust for a period of ten years to allow for any claims to succession or
until the office of Hawaiian affairs develops a land management plan for the
use and management of [such] the kuleana properties[,] and
[such] the plan is approved by the department of land and natural
resources[.], whichever is later. Upon approval, the department
of land and natural resources shall transfer [such] the kuleana
properties to the office of Hawaiian affairs. For the purposes of this section,
"kuleana lands" means those lands granted to native tenants pursuant
to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the
King and Privy Council Passed on the 21st Day of December, A.D. 1849, Granting
to the Common People Allodial Titles for Their Own Lands and House Lots, and
Certain Other Privileges", as originally enacted and as amended."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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