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 ...
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. ...
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 ...
Hānai ma ke Kānāwai, Hānai and the law
Na Devin Kamealoha Forrest, NHLC Staff Attorney and Title & Research Specialist E like hoʻi me kā A. Keohokalole i wehewehe ai ma ka hihia ʻo In re Nakuapā (1872) penei; “He wā waiwai ʻole o nā ʻliʻi, a me nā makaʻāinana, ka wā kahiko. ʻO ke Aliʻi Mōʻī ʻAimoku wale nō, nona wale nō nā ʻāina a pau loa, a me nā waiwai lewa a pau, he mālama wale nō kā nā ʻliʻi ʻē aʻe ma lalo iho ona, a me kekahi poʻe makaʻāinana kākaʻikahi i lawe ʻaikāne ʻia e ka Mōʻī a me nā ʻliʻi ʻai ʻāina, a ...
What is the kuleana of the Island Burial Councils to protect iwi kūpuna?
By Terina Fa‘agau, NHLC Staff Attorney To promote the “sensitive treatment of Hawaiian burial sites through cooperative and shared decision making with representatives of the Hawaiian community,” the Hawaiʻi State Legislature established the Island Burial Councils, under the Department of Land and Natural Resources (DLNR), to administer Hawaiʻi Revised Statutes (HRS) § 6E. There are five Island Burial Councils: Hawaiʻi Island; Maui/Lānaʻi; Molokaʻi; Oʻahu; and Kauaʻi/Niʻihau. The governor appoints council members selected from lists recommended by the State Historic Preservation Division (SHPD) and the Office of Hawaiian Affairs (OHA). The Molokaʻi Council has five members, while all the others have ...
What is a DHHL RWOTP lease? Is that a homestead lease?
By Henderson Huihui, NHLC Staff Attorney In 2021, the Department of Hawaiian Home Lands (DHHL) began offering Hawaiʻi Island waitlisters and those with an Undivided Interest homestead lease a rent-with-option-to-purchase rental (“RWOTP”) agreement. After 15 years of renting a unit, the waitlister can purchase the unit and receive a 99-year homestead lease. DHHL has plans to expand RWOTP offerings to other areas and islands. For some waitlisters, the RWOTP program may be their best pathway to a homestead award, as they may have had to turn down previous homestead lease offers for a turnkey house because they could not obtain ...
Is Ka Paʻakai the only legal analysis that considers impacts to Native Hawaiian traditional and customary rights?
By Terina Faʻagau, NHLC Staff Attorney In June we wrote about the Ka Paʻakai decision from the Hawaiʻi Supreme Court that resulted in criteria for an analysis that state agencies must complete before making a decision that may impact the exercise of Native Hawaiian traditional and customary practices. However, Ka Paʻakai is not the only legal framework or analysis that requires the consideration of a proposed action’s impacts to Native Hawaiian traditional and customary rights. Proposals that trigger Hawaiʻi’s environmental review process require the assessment of cultural impacts in determining whether an action will have a significant effect on the ...
What is the midwives case about that protects cultural practitioners?
By Kirsha K.M. Durante, NHLC Litigation Director Earlier this year, NHLC, together with a national nonprofit called the Center for Reproductive Rights and a law firm called Perkins Coie, filed a lawsuit challenging the Midwife Licensure Act under Hawaiʻi Revised Statues (“HRS”) §457J. NHLC participated to protect Hawaiian birthing practices, including pale keiki, hoʻohānau, and hānau that were being impacted by serious restrictions in the law preventing practitioners from practicing and families from receiving traditional care. As part of the case, our team filed a Motion for Preliminary Injunction which requested, in part, that the court block the State of ...
What are the permit requirements for restoring and operating a loko iʻa?
By Sharla Manley, NHLC Of Counsel Attorney Loko iʻa (fishponds) are integral to watershed management, environmental remediation, and food sovereignty. Restoring them is a critically important matter across the pae ʻāina. For decades, loko iʻa advocates have fought for reasonable permitting processes for restoration. Sadly, these processes have historically been difficult, resource intensive, and lengthy with requirements at the county, state, and federal level. Meaningful reforms in the last 20 years foster hope, but the permit process continues to be complicated depending on numerous factors that differ from site to site. In 1995, the state enacted Act 177 that created ...
How does the FestPAC advance justice across Moananuiākea?
By Angela Correa-Pei, Of Counsel Attorney, NHLC As Hawaiʻi proudly hosted the 13th Festival of Pacific Arts and Culture (FestPAC) in June, it was empowering to witness the celebration of Native Hawaiian culture and those of the 27 other participating nations – an exceptional collective of Indigenous peoples. A primary objective of the festival is “to promote cultural exchange and understanding among the participating nations.” Through this exchange, we not only gain a deeper appreciation for one another’s cultural practices and values, we are reminded of the challenges Pacific Island nations are facing from political struggles to the continued taking ...
