2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 12. CONSERVATION AND RESOURCES
171. Public Lands, Management and Disposition of
§171-100 Successor determination program.

§171-100 Successor determination program. (a) The office of Hawaiian affairs may establish a successor determination program to assist persons with an interest or presumed interest in a nine hundred ninety-nine-year homestead lease to determine their legal interests under the provisions of section 171-99(e).

(b) The successor determination program may provide:

(1) Genealogy data and information;

(2) Assistance and guidance regarding genealogy research;

(3) Research services;

(4) Mediation services; and

(5) Binding and nonbinding arbitration.

(c) The arbitration program shall:

(1) Establish a panel of persons knowledgeable in matters of genealogy who will be available as arbitrators for the arbitration program;

(2) Within one hundred twenty days of April 24, 1995, adopt written procedures under chapter 91 for the conduct of arbitrations under this section; provided that if no such written procedures are adopted within one hundred twenty days, the commercial arbitration rules of the American Arbitration Association shall apply to the extent not inconsistent with this section until such time as other written procedures are adopted; provided further that any proceedings that are commenced under the commercial arbitration rules of the American Arbitration Association shall be completed under those rules;

(3) Provide for notice of the arbitration proceeding in the same manner as required for a probate court determination of heirs;

(4) Provide an opportunity for all persons claiming an interest in the subject nine hundred ninety-nine-year leasehold to participate;

(5) Provide for binding arbitration if all participants who respond to a notice of arbitration indicate that they desire the arbitration to be binding. If any participant fails to indicate, or indicates that the participant desires nonbinding arbitration, the arbitration shall be nonbinding;

(6) Apply section 171-99(e), to determine the legal interests of the participants in the subject nine hundred ninety-nine-year lease;

(7) Provide a written arbitration award setting forth the legal interests of the participants in the subject nine hundred ninety-nine-year lease; and

(8) Conduct arbitrations under and subject to chapter 658A, and subject to confirmation by the circuit court upon application of any participant in the arbitration pursuant to section 658A-22. [L 1995, c 30, §2; am L 2001, c 265, §2]