How does putting land in a trust protect it for future generations?
By Devon Haia, Esq. Equal Justice Works Disaster Resilience Fellow and Staff Attorney Whether property was recently purchased, or passed down through generations, ʻohana can use a family land trust as a legal shield to protect and preserve their land for future generations. A trust is a legal tool used to hold title to assets. Every trust has a creator, at least one trustee, and at least one beneficiary. When an asset, such as land, is placed in a trust, title to the land splits: the trustees hold legal title and the beneficiaries hold equitable title. Legal title means the ...
NHLC Welcomes its Huʻeaʻo Summer Class of 2025
The Native Hawaiian Legal Corporation welcomes its 2025 Summer Students! NHLC’s Huʻeaʻo experiential learning program welcomes undergraduate, law, and other graduate students throughout the year. Most are with NHLC during the summer. NHLC’s program is a unique opportunity for students to learn in an Indigenous-lead, Indigenous rights legal practice. Each summer the program welcomes students from across the country who have a passion for law, Indigenous justice, and pono stewardship of the ‘āina. This year's class includes three law students, one graduate student, and seven undergraduate students representing nine colleges and universities across the United States. NHLC is proud ...
Foreclosure Halts Permitting Process for Controversial Punaluʻu Resort Development Community
HILO, Hawai‘i- The future of Punaluʻu, one of the most biologically rich and culturally revered places in Kaʻū, is now uncertain, but a proposed resort development that threatened its integrity may be off the table for good. A Hawai‘i circuit court has approved an order of foreclosure against developer Black Sand Beach, LLC, after the company defaulted on a $3.4 million mortgage. The 147-acre property is now headed for public auction, pausing plans for a sprawling luxury development that faced sustained public opposition. The developer’s proposed “Punaluʻu Village” project included 225 residential and vacation rental units, a commercial center and golf ...
BLNR Rejects U.S. Army’s FEIS Required to Renew Lease for Continued Bombing of Pōhakuloa
On Friday, May 9th, in a powerful defense of Hawai‘i’s environment, cultural heritage, Hawaiian rights and public lands, the state’s Board of Land and Natural Resources voted to reject the U.S. Army’s final environmental impact statement for its proposed “retention” of up to 22,750 acres of state-owned land it currently leases at Pōhakuloa Training Area on Hawai‘i Island. The area is a U.S. military training base located in the high plateau between Mauna Loa, Mauna Kea and Hualālai. It spans more than 132,000 acres, making it the largest U.S. Department of Defense installation in the islands. The board’s rejection effectively ...
My ʻohana lost our home & the title is in the name of deceased family members. How can we update the title, so we can access loans to rebuild?
By Liʻulā Christensen, NHLC Senior Staff Attorney When multiple family members own undivided interests or shares in a single property, that property is generally considered “heirs’ property.” Sometimes title is still in the name of a deceased relative because the property has passed down, sometimes even across multiple generations, without the legal paperwork and process required to keep the title in the name of the current, living owners. As a result, sometimes large groups of relatives can own partial interests in family land, however, they often do not have deeds or court documents listing their ownership interest in the property. ...
Ola I Ka Wai: Hawaiʻi Water Law
Water is a resource held in trust for the people of Hawaiʻi. The public trust doctrine prioritizes Native Hawaiian traditional and customary practices and the health of free-flowing streams and coastal life over private commercial uses. Despite this and other constitutional protections, water has historically been mismanaged and private profits prioritized over sustainable management for community, cultural practices, and the long-term health of the environment. As a result, Hawaiʻi has suffered dry stream beds, habitat loss, change in water temperature, degradation of coastal ecosystems, increased risk of invasive species and wildfires, and, in communities without steady access to fresh water, ...
How can I obtain government records about a project that affects my community?
By Ashley K. Obrey, Esq. NHLC Senior Staff Attorney Access to public records is essential to holding government officials accountable and protecting the interests of the public, including those related to ʻāina and traditional and customary practices. Obtaining information about a government action undoubtedly puts you in a better position to ensure that your rights are protected. The legislature acknowledged this by enacting Hawaiʻi’s Uniform Information Practice Act (UIPA), noting that “opening up the government processes to public scrutiny and participation is the only viable and reasonable method of protecting the public’s interest.” If a project is on your radar ...
Nā Kānāwai Kumu o Hawaiʻi, The Foundational Laws of Hawaiʻi
ʻŌlelo: Ma 9 April 1894, ma ʻō aku o hoʻokahi makahiki ma hope o ka hoʻokahuli hewa ʻia o ke Aupuni Mōʻī o Hawaiʻi nei, ua hoʻopuka ʻia he ʻatikala ma lalo o ke poʻo manaʻo; Na Huaolelo Kumu o Hawaii Nei, E Hiki Ole Ai Ke Hoololi Ia, ma ka nūpepa ʻo Ka Leo o ka Lahui. Ma ia ʻatikala i haʻi kūʻauhau ai ka mea kākau i nā kānāwai kumu koʻikoʻi o ke au i hala a hiki i kona wā. ʻO ka mua, wehewehe ʻo ia i ka hana no laila mai ka Māmalahoe Kānāwai; ʻo ia ...
NHLC Assists Lawaiʻa ‘Ohana to Obtain Special Use Permit for Traditional Cultural Fishing in Honua‘ula, Maui
In 2024, the Native Hawaiian Legal Corporation (“NHLC”) represented Mogul Luʻuwai and the Lu‘uwai ‘Ohana in the process of obtaining a Special Use Permit for the practice of their traditional cultural fishing in Honuaʻula, Maui. Mogul and the Luʻuwai ‘Ohana come from a long line of traditional Hawaiian lawaiʻa and are one of the few Hawaiian fishing families that has continued to reside in the Mākena area since at least the mid-1800s. Over generations, the ʻOhana has acquired specialized, place-based knowledge and skills specific to Mākena and its unique environment. These multigenerational practices were interrupted with the establishment of the ...
After Injunction Against 2023 Midwifery Bill, NHLC Testifies on Possible Replacements
In the 2025 Hawaiʻi State legislative session, lawmakers introduced two bills in the House as potential replacements for the 2019 Midwifery Law (HRS §457J): HB 1194 and HB1328, both relating to midwives. Last year, a hui of legal organizations, including Native Hawaiian Legal Corporation (“NHLC”), represented maternal caregivers and Native Hawaiian traditional birthing practitioners in challenging the 2019 law in Kahoʻohanohano v. State of Hawaiʻi. The complaint alleged, among other things, that the law unconstitutionally regulated traditional and customary Native Hawaiian birthing practices. The legal team successfully obtained a preliminary injunction from the Courts, barring the State from enforcing ...
