HRS §560:2-105.5
What happens to kuleana land when the owner dies without a will
If someone who owns kuleana land dies without a will (or without a will covering that land) and no relative can inherit it, the land goes to the Department of Land and Natural Resources. The department holds it in trust until the Office of Hawaiian Affairs makes a land management plan that the department approves. Then the land is transferred to the Office of Hawaiian Affairs.
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The statute, as written — Escheat of kuleana lands
Any provision of law to the contrary notwithstanding, if the owner of an inheritable interest in kuleana land dies intestate, or dies partially intestate and that partial intestacy includes the decedent's interest in the kuleana land, and if there is no taker under article II, such inheritable interest shall pass to the department of land and natural resources to be held in trust until the office of Hawaiian affairs develops a land management plan for the use and management of such kuleana properties, and such plan is approved by the department of land and natural resources. Upon approval, the department of land and natural resources shall transfer such kuleana properties to the office of Hawaiian affairs. For the purposes of this section, "kuleana lands" means those lands granted to native tenants pursuant to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the King and Privy Council Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended.
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