Hawaii 2022 Regular Session

Hawaii House Bill HB1162

Introduced
1/27/21  

Caption

Relating To Hawaiian Home Lands.

Impact

The proposed amendments will alter existing frameworks governing Hawaiian home lands, particularly Section 207, which will now allow direct sales of fee-simple land to native Hawaiians. The bill also includes a provision that grants DHHL the first right of purchase should a landowner decide to sell to someone who is not a native Hawaiian; this is aimed at preserving land within the native Hawaiian community. The intended result is to empower native Hawaiians with property rights that they had previously been denied, potentially leading to greater community stability and economic advancement.

Summary

House Bill 1162 addresses the long-standing issue of land access for native Hawaiians by proposing significant amendments to the Hawaiian Homes Commission Act. The bill aims to provide the Department of Hawaiian Home Lands (DHHL) with authority to sell tracts of Hawaiian home lands to native Hawaiians in fee simple. This change is a response to the alarming statistic that over twenty-seven thousand native Hawaiians are currently on a waitlist for leases, with only about nine thousand seven hundred homesteads having been opened since the act’s inception nearly a century ago. By enabling the sale of these lands, the bill seeks to alleviate the waitlist and allow native Hawaiians to own land outright, thereby improving their economic and social situations.

Conclusion

Despite the potential for empowering native Hawaiians through land ownership, the implementation of the bill may require careful oversight to ensure equitable access and preservation of cultural heritage. The broader ramifications on Hawaiian identity and community dynamics will need to be considered as this legislative move progresses.

Contention

However, the bill is not without its critics. Some stakeholders express concerns regarding the implications of transferring lands in fee simple versus traditional leasehold systems, which have historically provided better protections for native Hawaiian rights. Opponents of the bill may argue that these property rights could lead to increased commercialization of Hawaiian lands, undermining cultural and communal values associated with land ownership. Furthermore, the bill’s effective date of July 1, 2050, suggests that immediate benefits will not be realized, which could reduce urgency in addressing the waitlist issue.

Companion Bills

No companion bills found.

Similar Bills

HI HB295

Relating To Hawaiian Home Lands.

HI SB3363

Relating To Hawaiian Home Lands.

HI HB855

Relating To Hawaiian Home Lands.

HI HB1122

Relating To The Hawaiian Homes Commission Act.

HI SB892

Relating To The Hawaiian Homes Commission Act.

HI HB2467

Relating To The Hawaiian Homes Commission Act.

HI HB1396

Proposing Amendments To Article Xii Of The Constitution Of State Of Hawaii To Authorize The Legislature To Make Amendments To The Management And Disposition Of The Hawaiian Home Lands.

HI SCR11

Urging The Department Of Hawaiian Home Lands To Notify Beneficiaries Through Beneficiary Consultation Prior To Disposing Of Hawaiian Home Lands And To Exercise Other Protections Of Beneficiary Interests.