Bill Text: HI SB3104 | 2014 | Regular Session | Introduced

Hawaii Senate Bill 3104 (Prior Session Legislation)

Introduced

Bill Title: Public Lands; Homestead Leases; Joint Tenancy

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2014-02-05 - The committee on HWN deferred the measure. [SB3104 Detail]

Download: Hawaii-2014-SB3104-Introduced.html

THE SENATE	S.B. NO.	3104
TWENTY-SEVENTH LEGISLATURE, 2014
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. Section 171-99, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) [~~Transfer or assignment; certificate~~] 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.], and all interests shall be held in joint tenancy with right of survivorship.

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.

"Land trust" means a trust 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.], "joint tenancy with right of survivorship" means a concurrent estate where the joint tenants own one interest together and where, upon the death of a joint tenant, the decedent's interest in the property passes to the surviving owner or owners.

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

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 Statutory material to be repealed is bracketed and stricken.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:	_____________________________

Report Title:

Public Lands; Homestead Leases; Joint Tenancy

Description:

Requires all existing certificates of occupation or existing homestead leases, or fractional interests to be held in joint tenancy with right of survivorship.

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