Report Title:

Kuleana Lands; 10-year Holding Period

 

Description:

Requires the office of Hawaiian affairs to hold in trust any lands where the owner of an inheritable interest in kuleana lands dies intestate and there is no taker under the Hawaii uniform probate code, for 10 years before passing to the office of Hawaiian affairs.

 

THE SENATE

S.B. NO.

1641

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

 

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] office of Hawaiian affairs 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Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended."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  Statutory material to be repealed is bracketed and stricken.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.

 

INTRODUCED BY:

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