Hawaii Advances Bill to Let Nieces, Nephews Inherit Native Homestead Leases

2 min readSources: Courthouse News

Hawaii lawmakers advanced a bill letting nieces and nephews inherit Hawaiian home leases.

Why it matters: The change addresses a historic gap in the Hawaiian Homes Commission Act, aiming to keep ancestral land within Native Hawaiian families. It has major implications for indigenous land rights, succession planning, and legal reforms affecting over 28,000 people on waitlists.

  • On April 28, 2026, a Hawaii committee advanced a bill to broaden lease inheritance rules.
  • The Hawaiian Homes Commission Act originally limited lease succession mainly to direct descendants and siblings.
  • HB2309 seeks to explicitly allow one-quarter Native Hawaiian nieces and nephews to inherit leases.
  • About 28,000 Native Hawaiians remain on the homestead lease waitlist, underscoring urgency for succession reform.

A Hawaii legislative conference committee on April 28, 2026, advanced HB2309, a bill targeting a century-old obstacle in Native Hawaiian land succession law. The change would formally permit nieces and nephews—who are at least one-quarter Native Hawaiian—to inherit leases for homestead lands, broadening current eligibility requirements designed to keep these properties in the family.

Enacted in 1920, the Hawaiian Homes Commission Act (HHCA) established residential, agricultural, and pastoral leases for Native Hawaiians on about 200,000 acres. The law created a framework for inheritance and transfer, but until now, succession rights have focused mainly on direct descendants, spouses, and siblings—with inclusion of nieces and nephews subject to specific conditions.

"This bill will allow lessee beneficiaries to transfer or succeed a lease to a one-quarter Native Hawaiian niece or nephew of the lessee as a qualifying relative," explained the Department of Hawaiian Home Lands.

The change responds to succession challenges facing Native Hawaiian families without direct heirs, helping to prevent the return of leased land to the state. With approximately 28,000 Native Hawaiians on the waitlist for homestead leases, advancing inheritance rights is seen as a crucial reform for land retention and family continuity. Stakeholder discussion continues as the bill moves through the legislative process.

By the numbers:

  • 28,000 — Native Hawaiians on the homestead lease waitlist
  • 200,000 — Acres set aside for homesteading by the 1920 Act
  • 1920 — Year the Hawaiian Homes Commission Act was enacted