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Commission approves successorship lease amendment and limited right of entry for Nanakuli property after successor petition
Summary
The commission approved a successorship lease amendment and to draft a successor lease and limited right of entry so a designated successor can secure and occupy a Nanakuli homestead after the lessee's death.
Charlentel Mulhoye told the Hawaiian Homes Commission that her family’s Nanakuli homestead had been left unsecured after her parents’ deaths and asked the department to act so a designated successor could secure the property.
Department staff described a pending successorship amendment for a lease that would confirm the designated successor, Charles Napoleon Jr., as lessee of record and extend the lease for another 100 years. Staff said the department would prepare a limited right of entry to allow the successor to access and secure the home while the successorship lease document is finalized, and that enforcement could follow up if an unauthorized occupant refuses to leave.
Juan Garcia, Homestead Services Division administrator, told the commission the department had received the necessary death certificates for both the original lessee and the previous designated successor and recommended approval of the amendment so staff could draft the successorship lease. Garcia said the department would expedite a limited right of entry document and work with enforcement if civil action or sheriff assistance becomes necessary.
Public testimony included Charlentel Mulhoye, who described family conflict over access to the home and worried about damage while the transfer remained incomplete. She requested that DHHL intervene to secure the property and said she had been unable to obtain updates or access since September.
After discussion, a commissioner moved to approve the department recommendation. The commission approved the motion; staff will draft the successorship lease and finalize a limited right of entry to allow the successor to take steps to secure the property and pursue civil remedies if required.
Why this matters: Successorship transfers affect occupancy rights, lessee obligations, and the department’s ability to secure and steward trust land. The department said it will provide a limited right of entry and work with enforcement to secure the Nanakuli property while the legal documentation is completed.
Next steps: DHHL will draft the successorship lease and issue a limited right of entry to Charles Napoleon Jr. to permit occupation and property protection; enforcement will be prepared to assist if the occupant does not vacate voluntarily.
