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 ...
NHLC Honored to Receive Carved Waʻa by Sam & Marena Kahanamoku ʻOhana
Aunty Marena Kahanamoku and her husband, Uncle Sam Kahanamoku, lived on Uncle Sam ’s homestead in Puʻukapu, Waimea for 18 years. When Uncle Sam died, Aunty Marena needed legal help because DHHL would not process her successorship. She retained NHLC for pro bono assistance. In July 2024, six years after his death, Uncle Sam’s wishes for his homestead were honored and Aunty Marena took over the lease. Her successorship was granted. Aunty Marena presented NHLC with a special waʻa carved by her late husband Uncle Sam Kahanamoku. The waʻa reads, "Huli Koho La (The Belly of The ...
HI Supreme Court Concludes that State DOT, DHHL, and the Hawaiian Homes Commission Breached Trust Duties on Mauna Kea when DOT Seized Control of Access Road GalleryHI Supreme Court Concludes that State DOT, DHHL, and the Hawaiian Homes Commission Breached Trust Duties on Mauna Kea when DOT Seized Control of Access Road
HI Supreme Court Concludes that State DOT, DHHL, and the Hawaiian Homes Commission Breached Trust Duties on Mauna Kea when DOT Seized Control of Access Road
DOT did not have the authority to unilaterally designate the [Mauna Kea Access Road] as a state highway. And although the record is unclear as to DHHL’s actions in 2018, it certainly should not have relinquished “control and jurisdiction” without consulting with the beneficiaries as required by 43 C.F.R. § 47. Such acquiescence deprived Native Hawaiian beneficiaries of income from and use of the land — an abandonment of mālama ‘āina, or care for the land. [Opinion at 41-42 (emphasis added)] On May 30, 2024, the Hawaiʻi Supreme Court issued a unanimous decision in favor of native Hawaiian beneficiaries ...
NHLC Asks HI Supreme Court to Hold State Accountable to Trust Duties After Seizure of Hawaiian Home Lands Underlying Mauna Kea Access Road
By Senior Staff Attorney Ashley K. Obrey On December 14, 2023, the Hawai‘i Supreme Court held oral argument in Kanahele, et. al. v. State, et. al., SCAP-22-0000268, a breach of trust case against the state Department of Transportation (“DOT”) as well as the Department of Hawaiian Home Lands and the Hawaiian Homes Commission (hereinafter, collectively, “DHHL”) to ensure proper management of Hawaiian Home Lands trust lands underlying the Mauna Kea Access Road (“MKAR”). Prior to 2018, the 65 acres underlying the MKAR were recognized as a part of the Hawaiian Home Lands trust. The trust was created by the United ...
Can the Department of Hawaiian Homelands cancel my lease?
I missed some mortgage payments for my DHHL homestead and got a letter saying my lease might be canceled. Can DHHL cancel my lease? Is there anything I can do to prevent losing my homestead? By Henderson Huihui, NHLC Staff Attorney If you miss mortgage payments, the Department of Hawaiian Homelands (“DHHL”) can seek to cancel your lease. To save the lease, you will need to make those payments or work out a plan with your bank and DHHL to get the account into good standing. If you have experienced hardship preventing you from making the payments, contact your bank ...
Ask NHLC: Kuleana Lands
I found records in OHA’s Kīpuka Database that my ancestor was awarded, and owned, kuleana lands. I am a direct descendant and want to reclaim ownership of these lands. What do I do next? By Liʻulā Kotaki, NHLC Staff Attorney Discovering our kūpuna’s connections to ʻāina in public records is exciting. These records can raise questions about who legally owns the parcel of land today. If you’re not sure, the next step is to research the chain of title – or complete history of ownership – since the land was awarded. The records that you found are likely a Land ...
Public Testimony of NHLC in Opposition of DHHL General Lease Extension for Lease No. 202 to Prince Kūhiō Plaza
Native Hawaiian Legal Corporation urges the Hawaiian Homes Commission to deny Brookfield Asset Management’s request for a long term extension of the Prince Kūhiō Plaza general lease in Hilo. The proposal being considered would reserve close to 50 acres of valuable trust lands to Brookfield for a total of 105 years, without the opportunity to consider alternative land uses in the interim nor engage in competitive lease renewal processes at commercially reasonable periods of time. Allowing this would conflict with state and federal law as well as the Commission’s duty to manage trust lands for the exclusive benefit of its ...
NHLC Equal Justice Works Fellow – Henderson Huihui
Meet Henderson Huihui, a 2020 Equal Justice Works (EJW) Fellow hosted by the Native Hawaiian Legal Corporation. His EJW project provides comprehensive outreach and advocacy to assist the over 60,000 eligible Native Hawaiians in applying for and keeping homestead housing. Read Henderson's EJW blog post titled, "Advocating for My Fellow Hawaiian Homesteaders" on the EJW website: https://www.equaljusticeworks.org/news/advocating-for-my-fellow-hawaiian-homesteaders/
Public Testimony of NHLC in Opposition of SB2884
Water protectors have fought for years to have the State apply appropriate water permit review protocols to protect public trust water in the Keauhou aquifer in North Kona. These protections include review of environmental impacts and impacts on Native Hawaiian traditional and customary practices. Just last year, the Water Commission agreed to defer a decision to permit the Ota well to address these concerns. Pending bill SB2884 would enable automatic water permit approvals, effectively removing these important protections. Please take a moment to submit written (due tomorrow at 1pm) and sign up to testify orally (via Zoom) if you can. ...
