HOUSE OF REPRESENTATIVES	H.R. NO.	237
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

HOUSE RESOLUTION

urging the office of hawaiian affairs to study the effects of amending the law concerning kuleana lands.

     WHEREAS, 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Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges" as originally enacted and as amended; and

     WHEREAS, following the Kuleana law of 1850 signed by the King, some of the new owners of the ahupuaa or ili blocked access to the Kuleana lands located within their lands; and

     WHEREAS, these Kuleana landowners who had access blocked to their Kuleana lands were forced to abandon their lands to surrounding landowners who acquired title to the Kuleana lands by adverse possession; and

     WHEREAS, the judicial decrees granting title to the surrounding landowners were made because the true heirs were not known, not made a party thereof, not aware of their interest in the proceedings, or had abandoned possession of, but not the claim of title to, the Kuleana lands; and

     WHEREAS, in quiet title actions pertaining to Kuleana lands, surrounding owners also acquired title by alleging escheat, taking advantage of the inability to find the true beneficiaries or heirs; and

     WHEREAS, title to Kuleana lands should no longer be acquired by adjoining landowners when there is no true escheat, bona fide purchase, nor legitimate claim by inheritance or adverse possession; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, that the Office of Hawaiian Affairs, with the assistance of the Native Hawaiian Legal Corporation, is requested to conduct a study on the effects of amending current statutory law regarding Kuleana lands; and

     BE IT FURTHER RESOLVED that the study includes the benefits, drawbacks, and other possible effects of:

(1)  Amending Section 657-31.5, Hawaii Revised Statutes (HRS), to prohibit the acquisition of Kuleana lands by adverse possession;

(2)  Amend Section 669-1(a), HRS, to prohibit quiet title actions against Kuleana lands; and

(3)  Requiring the Office of Hawaiian Affairs (OHA) to:

(A) Hold title in trust for any unclaimed Kuleana lands if the descendants of the native tenants are unknown or cannot be found;

(B)  Publish annually a list of all Kuleana lands OHA holds in trust;

(C)  Require that all claims filed against OHA by an alleged descendant of a native tenant to claim unclaimed Kuleana land be adjudicated in the circuit court in the circuit in which the land is located; and

(D)  Imposing a five year statute of limitations for any disputed claim made with OHA;

and

     BE IT FURTHER RESOLVED that OHA is requested to submit its report to the Legislature no later than 20 days prior to the convening of the Regular Session of 2009; and

     BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Directors of the Office of Hawaiian Affairs and the President of the Native Hawaiian Legal Corporation.

OFFERED BY:

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Report Title: 

Kuleana lands; amendment of law; study