TITLE 2: HAWAIIAN HOMES COMMISSION

 

201. Definitions. (a) When used in this title:

"Commission" means the Hawaiian homes commission.

"Fund" means the Hawaiian home loan fund.

"Hawaiian home lands" means all lands given the status of Hawaiian home lands under the provisions of section 204 of this title.

"Irrigated pastoral land" means land not in the description of the agricultural land but which, through irrigation, is capable of carrying more livestock the year through than first-class pastoral land.

"Native Hawaiian" means any descendant of not less than one-half part of the blood of the races inhabiting the Hawaiian Islands previous to 1778.

"Public land" has the same meaning as defined in paragraph (3) of subdivision (a) of section 73 of the Hawaiian Organic Act.

"State" means the State of Hawaii.

"Tract" means any tract of Hawaiian home lands leased, as authorized by section 207 of this title, or any portion of the tract.

(b) Any term defined or described in section 347 or 351 of the Revised Laws of Hawaii of 1915, except a term defined in subsection (a) of this section, shall, whenever used in this title, have the same meaning as given by such definition or description. [Am Jun. 8, 1954, c 321, 2, 68 Stat 263; am L 1963, c 207, 5(a); am L 1997, c 197, 1]

 

Revision Note

 

Definitions rearranged pursuant to 23G-15.

 

Law Journals and Reviews

 

The Lum Court and Native Hawaiian Rights. 14 UH L. Rev. 377.

The Crown Lands Trust: Who Were, Who Are, the Beneficiaries? 38 UH L. Rev. 213 (2016).

A Collective Memory of Injustice: Reclaiming Hawai`i's Crown Lands Trust in Response to Judge James S. Burns. 39 UH L. Rev. 481 (2017).

 

Case Notes

 

Native Hawaiians have no standing to challenge constitutionality of Act on equal protection grounds as they would be asserting the rights of non-Hawaiian third parties. 795 F. Supp. 1009.

 

 

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