HOUSE OF REPRESENTATIVES

H.R. NO.

278

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

HOUSE RESOLUTION

 

 

requesting the Department of Hawaiian Home Lands and the Hawaiian Homes Commission to revise their criteria and requirements for awarding commercial leases to conform with the ruling in Leimomi Mo'okini Lum v. Hawaiian Homes Commission.

 

 

 


     WHEREAS, in Leimomi Mo'okini Lum v. Hawaiian Homes Commission, the appellant challenged the Commission's evaluation of ranch plans submitted by native Hawaiians on the waiting list for pastoral homesteads, to determine whether they were entitled to obtain additional acreage at Honokaia on which to commercially ranch; and

 

     WHEREAS, Hawaii Administrative Rules section 10-3-24 establishes two criteria for the award of a pastoral homestead lot, the feasibility of the ranch plan and the knowledge and experience of the applicant; and

 

     WHEREAS, the court in Lum held that, in assessing the appellant's application for additional acreage, the Hawaiian Homes Commission failed to follow Hawaii Administrative Rules section 10-3-24; and

 

     WHEREAS, the court in Lum held that the Hawaiian Homes Commission wrongfully failed to adopt rules pursuant to chapter 91, Hawaii Revised Statutes, by which to conduct its evaluation process; and

 

     WHEREAS, the court in Lum found that, without adherence to the rulemaking process of chapter 91, Hawaii Revised Statutes, future applicants will have no official guidance regarding the evaluation of ranch plans; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, that the Department of Hawaiian Home Lands and the Hawaiian Homes Commission are requested to adopt rules pursuant to chapter 91, Hawaii Revised Statutes, to formalize their criteria and requirements for awarding commercial leases in compliance with the ruling in Leimomi Mo'okini Lum v. Hawaiian Homes Commission; and

 

     BE IT FURTHER RESOLVED that a certified copy of this Resolution be transmitted to the Chairperson of the Hawaiian Homes Commission.

 

 

 

 

OFFERED BY:

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Report Title: 

DHHL; HHC; Commercial Leases; Administrative Rules