Bill Text: HI SB3104 | 2014 | Regular Session | 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
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THE SENATE |
S.B. NO. |
3104 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
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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. 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 Statutory material to be repealed is bracketed and stricken.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.
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INTRODUCED BY: |
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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.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
