Report Title:

Public Lands; Homestead Leases

 

Description:

Declares the intent of the legislature to leave intact the rights of persons holding homestead leases as joint tenants, with rights of survivorship, before 4/6/2000.

 

HOUSE OF REPRESENTATIVES

H.B. NO.

1230

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public lands.

 

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 

     SECTION 1.  The purpose of this Act is to reiterate and declare that the intent of the legislature in enacting Act 166 on April 6, 2000, to amend section 177-99(e), Hawaii Revised Statutes, concerning the assignment of homestead leases, was originally and is now to leave intact the vested rights of persons holding homestead leases as joint tenants with rights of survivorship.

     SECTION 2.  Section 171-99, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

     "(e)  Assignment; certificate of occupation or homestead lease.  No existing certificate of occupation or existing homestead lease, or fractional interest thereof, shall be transferable or assignable except by conveyance, devise, bequest, or intestate succession and with the prior approval of the board of land and natural resources; provided that transfer or assignment by conveyance, devise, or bequest shall be limited to a member or members of the occupier's or lessee's family.

     For the purposes of this section, "family" means the spouse, reciprocal beneficiary, children, parents, siblings, grandparents, grandchildren, nieces, nephews, a parent's siblings, children of a parent's siblings, and grandchildren of a parent's siblings, of the occupier or lessee.

     All the successors shall be subject to the performance of the unperformed conditions of the certificate of occupation or the homestead lease.

     Nothing in this section shall be construed to automatically terminate any joint tenancy created under this chapter on or before April 6, 2000."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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