Bill Text: HI HB921 | 2010 | Regular Session | Introduced
Bill Title: 999-year Homestead Lease; Assignment
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2010-07-06 - (S) Vetoed on 07-06-10 - Returned from the Governor without approval (Gov. Msg. No. 654). [HB921 Detail]
Download: Hawaii-2010-HB921-Introduced.html
Report Title:
999-year Homestead Lease; Assignment
Description:
Allows 999-year homestead leases to be assigned to land trusts that are created for purposes of managing and holding the homestead leasehold estate for the benefit of the lessee and lessee's family members.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
921 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the nine hundred ninety-nine-year homestead program is becoming increasingly difficult to manage as conflicts often arise between family members who may have an interest in a nine hundred ninety-nine-year lease. Existing leases are unique in that they can only be assigned to members of the lessee's family.
The purpose of this Act is to expand the potential assignees of a homestead lease to include trustees of land trusts created for the purposes of managing and holding a homestead for the benefit of the lessee and lessee's family members.
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[.] or
in the case of a homestead lease, to any person or persons designated as a
trustee of a land trust.
For the purposes of this section[,]:
["family"] "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.
"Land trust" means a trust that has been created for the purposes of managing and holding the homestead leasehold estate for the benefit of the lessee and lessee's family members. The lessee may be the trustee of the trust.
All the successors shall be subject to the performance of the unperformed conditions of the certificate of occupation or the homestead lease."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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