Sec. 207. Leases to Hawaiians, Licenses

1,028 words·~5 min read·/statute-compilations/comps-1399/sec-207

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

## Sec. 207 Leases to Hawaiians, Licenses ###

(a)The Commission is authorized to lease to native Hawaiians the right to the use and occupancy of a tract or tracts of Hawaiian home lands within the following acreage limits per each lessee:

(1)not less than one nor more than forty acres of agricultural lands; or

(2)not less than one hundred nor more than five hundred acres of first-class pastoral lands; or

(3)not less than two hundred and fifty nor more than one thousand acres of second-class pastoral lands; or

(4)not less than forty nor more than one hundred acres of irrigated pastoral lands;

(5)not more than one acre of any class of land to be used as a residence lot: *Provided, however,* That in the case of any existing lease of a farm lot in the Kalanianaole Settlement on Malakai, a residence lot may exceed one acre but shall not exceed four acres in area, the location of such area to be selected by the lessee concerned: *Provided further,* That a lease granted to any lessee may include two detached farm lots located on the same island and within a reasonable distance of each other, one of which, to be designated by the Commission, shall be occupied by the lessee as his home, the gross acreage of both lots not to exceed the maximum acreage of an agricultural or pastoral lot, as the case may be, as provided in this section. ###

(b)The title to lands so leased shall remain in the United States. Applications for tracts shall be made to and granted by the commission, under such regulations, not in conflict with any provision of this title, as the commission may prescribe. The commission shall, whenever tracts are available, enter into such a lease with any applicant who, in the opinion of the commission, is qualified to perform the conditions of such lease. ###

(c)####

(1)The Commission is authorized to grant licenses for terms of not to exceed twenty-one years in each case, to public-utility companies or corporations as easements for railroads, telephone lines, electric power and light lines, gas mains, and the like. The Commission is also authorized to grant licenses for lots within a district in which lands are leased under the provisions of this section, to— #####

(A)churches, hospitals, public schools, post offices, and other improvements for public purposes; #####

(B)theaters, garages, service stations, markets, stores, and other mercantile establishments (all of which shall be owned by leases of the Commission or by organizations formed and controlled by said lessees). ####

(2)The Commission is also authorized, with the approval of the Governor, to grant licenses to the United States for terms not to exceed five years, for reservations, roads, and other rights-of-way, water storage and distribution facilities, and practice target ranges: *Provided,* That any such license may be extended from time to time by the Commission, with the approval of the Governor, for additional terms of three years: *Provided further,* That any such license shall not restrict the areas required by the Commission in carrying on its duties, nor interfere in any way with the Commission's operation or maintenance activities. Sec. 208 (1). The original lessee shall be a native Hawaiian, not less than twenty-one years of age. In case two lessees either original or in succession marry, they shall choose the lease to be retained, and the remaining lease shall be transferred or canceled in accordance with the provisions of succeeding sections. ####

(2)The lessee shall pay a rental of $1 a year for the tract and the lease shall be for a term of ninety-nine years. ####

(3)The lessee shall occupy and commence to use or cultivate the tract as his home or farm within one year after the lease is made. The lessee of agricultural lands shall plant and maintain not less than five, ten, fifteen, and twenty trees per acre of land leased, and the lessee of pastoral lands shall plant and maintain not less than two, three, four, and five trees per acre of land leased during the first, second, third, and fourth years, respectively, after the date of lease. Such trees shall be of types approved by the Commission and at locations specified by the Commission's agent. Such planting and maintenance shall be by or under the immediate control and direction of the lessee. Such trees shall be furnished by the Commission free of charge. ####

(4)The lessee shall thereafter, for at least such part of each year as the commission shall by regulation prescribe, so occupy and use or cultivate the tract on his own behalf; Sec. 2081 (5). The lessee shall not in any manner transfer to, or mortgage, pledge, or otherwise hold for the benefit of, any other person or group of persons or organizations of any kind, except a native Hawaiian or Hawaiians, and then only upon the approval of the Commission, or agree so to transform, mortgage, pledge, or otherwise hold, his interest in the tract. Such interest shall not, except in pursuance of such a transfer, mortgage, or pledge to or holding for or agreement with a native Hawaiian or Hawaiians approved of by the Commission, or for any indebtedness due the Commission or for taxes, or for any other indebtedness the payment of which has been assured by the Commission, be subject to attachment, levy, or sale upon court process. The lessee shall not sublet his interest in the tract or improvements thereon. 1So in law. See amendment made by the Act of July 10, 1937 (chapter 482, 50 Stat. 497). Sec. 1208 (6). The lessee shall pay all taxes assessed upon the tract and improvements thereon. The Commission may in its discretion pay such taxes and have a lien therefor as provided by section 216 of this Act. Sec. 1208 (7). The lessee shall perform such other conditions, not in conflict with any provision of this title, as the Commission may stipulate in the lease: *Provided, however,* That an original lessee shall be exempt from all taxes for the first seven years from date of lease.

Connections1 off-index

1 reference not yet in our index

50 Stat. 497

Citation graph

cites case law

Sec. 207

Leases to Hawaiians, Licenses

Stat.50 Stat. 497

Cites 1Cited by 0 across 0 sources