Ka Wai Ola - Office of Hawaiian Affairs, Volume 12, Number 2, 1 Pepeluali 1995 — Housing division holds workshops, aims at Legislature [ARTICLE]

Housing division holds workshops, aims at Legislature

OHA tries to inform, help 999 year homestead lessees

by Jeff CIark They may be Hawaiian, and they may be homesteaders, but they're not Hawaiian homesteaders. So to speak. "They" are the lessees of the 999 Year Lease Homestead Lease Program, whieh was established a century ago by the Land Act of 1895. Separate from the legislation establishing the Hawaiian home lands program, the law was passed by the Republic of Hawai'i in an attempt to put the people on the land. The vast majority of the lessees were and are Hawaiian, and some 750 leases were issued from 1895 until 1921.

Most of the homesteads were later abandoned or eanceled, and in 1950 the Territory of Hawai'i began allowing homesteaders to buy their property in fee. Many families did so and now own their land outright. However, about 50 families still hold leases in such O'ahu areas as Pālolo, Waikele, and Hau'ula, and on the islands of Hawai'i, Maui, Moloka'i and Kaua'i. Some of these 50 families face a host of problems. The pilikia includes: • uncertainty as to who the rightful lessee(s) is/are;

• inability to obtain financing to build and improve or to buy their fee; and • laek of understanding of their rights and responsibilities under the program. Last year OHA went to the Legislature to seek help for the lessees and eame back with some funds to produce a brochure and hold a series of workshops to educate the lessees as to the ins and outs of the program. The lessees were contacted, the brochure was distributed, and the workshops were held on three islands during December. Knowing where you stand makes it possible to decide where you want to go. The workshops enabled housing officer Stephen Morse to guide the lessees on what plan of action they want to take. The result is a bill asking the Legislature to establish a genealogy arbitration program within the Office of Hawaiian Affairs. This program would allow lessees to determine who is/are the rightful lessee(s) while avoiding the expense and unpleasantries of a trip to probate court. (Uncertainty as to who holds the lease is caused mainly by the program's complicated descent scheme, whieh does not allow the land to pass by will.) Under the bill, homesteaders seeking arbitration would

decide together whether the outcome would be binding or merely advisory. Notice would be sent to everyone with a potential elaim to the lease. The arbitrator would review birth and death records and all information provided by the people involved. If those involved decided that the decision would be binding, anyone found to have an interest in the land could apply to the circuit court where the land is located for an order confirming the decision. Morse said that rather than ask the Legislature to set up some sort of financing program for the lessees, he'll instead approach the banks to see if they would help out as a way of fulfilling their community reinvestment requirements. If that avenue proves to be a dead end, the Legislature will remain an alternative. Either way, Morse is committed to finding a way to kōkua this special group of homesteaders. "Our beneficiaries eame to us with a problem and it's our job to advocate on their behalf, to somehow improve their conditions. Others in the past have tried to resolve these problems, but dropped the ball when they realized how complex the 999 year lease program is. I don't want to drop the ball - OHA wants to see it through to some kind of resolution."

George Vincent, an independent sales and marketing exeeutive, was hired last month as the new advertising sales representative for Ka Wai Ola O OHA. He will be responsible for developing advertising sales in OHA's monthly newspaper, contacting prospective advertisers and servicing their accounts. Vincent attended 'Aiea High School and the University of Hawai'i. He has worked for Hawaiian KINE, KCCN, and also represents KPOA, the King Kamehameha Hula

Competition and Queen Lili'uokalani Keiki Hula Festival. He has been an active member of the Hawai'i Academy of Recording Arts and assists with the production of its annual Nā Hōkū Hanohano Awards. For information about advertising in Ka Wai Ola O OHA, eall George Vincent at 235-2285.