Ka Wai Ola - Office of Hawaiian Affairs, Volume 34, Number 6, 1 June 2017 — Bittersweet transfer of a 999-year Hawaiian Homestead [ARTICLE+ILLUSTRATION]

Bittersweet transfer of a 999-year Hawaiian Homestead

Submitted by the Native Hawaiian Legal Corporation Carinthia Kalanihaumeanui Judd wanted to transfer her interest in a 999-year homestead lease to her sons William and Raymond while she was still alive. By doing so, the 'ohana sought to avoid a protracted and costly probate and determination of heirs. Williamreadily admits that he didn't know where to start. "I was a deer in the headlights," he said. What are 999-year leases? 999-year leases were granted to Hawaiian and non-Hawaiian individuals under the 1895 Land Act whieh aimed to encourage and foster Hawai'i's homestead and farming program. The program granted an estimated 750 leases up through 1949. But by the late 1980s, only 53 leases remained. This 999-year lease program should not be confused with the 99-year home-

stead leases awarded by the state Department of Hawaiian Home Lands. William said people's eyebrows would shoot upward whenever he mentions residing on a 999year lease of land in Pālolo. When asked how long his 'ohana has lived there he jokingly replies, "We

haven't been through the first 100 years!" Born and raised on the homestead, William happily recalls being surrounded by so many different fruit trees as well as his grandmother's garden, whieh she used for lā'au lapaau. Looking back now, he realizes how fortunate he is. "We have country in the middle of the city," he said. Carinthia's interest descends from her grandmother Amilia King who received the original lease for a 1.18 acre parcel in Pālolo, O'ahu, on April 19, 1919. Carinthia wanted to make sure that her lease would end up in William's and Raymond's hands. "My mom was the last living heir on the deed and you know how it goes - you think she's going to live forever," William said. "But it finally hit me. I need to get this done." NHLC staff attorney Camille Kalama, who handled this case, said NHLC has a "soft spot" SEE LEASES ON PAGE 9

NHLC helped Carinthia Judd transfer a 999-year lease for this Pālolo homestead to her sons. - Photo: Courtesy h Judd 'ohana.

LEASES

Continued from page 5 for families like the Judds who want to avoid the confusion currently surrounding the process for determining who succeeds to the lease when the lessee dies before his or her designee is approved by the Board of Land and Natural Resources (BLNR). "The 999-year leases that are left are klpuka of history. Many of the families who hold these leases today lived on the same lands well before the leases were granted. The continuity of the family's relationship to their 'āina is more and more difficult to hold on to in this day and age. We want to help these families preserve that unbroken connection for as long as possible," Kalama said. Bittersweet ending In order to have Carinthia's interest assigned to her sons, NHLC documented her genealogy, whieh required obtaining a death certificate for one of her brothers who had died in California. NHLC's title searcher and genealogist Ede Anne

Fukumoto worked painstakingly to pieee together the evidence of the family's genealogy and locate death certificates for Carinthia's siblings. Lessees wishing to transfer their interest must provide the Department of Land and Natural Resources (DLNR) with documentation establishing the nature of their interest and that their interest will go to a qualified family member as the laws that apply to these leases only permit transfers to family members. After Kalama submitted the completed paperwork and transfer deed to the DLNR, it let her know when it would officially accept and authorize the transfer. On the night before the meeting, William called Kalama to let her know that he had just taken his mother Carinthia to the emergency room. "Camille said not to worry, she would handle the hearing. She really held my hand throughout the entire case!" he said. "I shared with mom before she passed and she knew that this was good. She knew that she wouldn't be the last one standing." The transfer was approved, Dec. 9, 2016 and Carinthia died on December 20th. ■