The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1902-06-10
.CAN MAKE
EXTENSION
Dole Rules as to
Exchange of
Land.
AFFECTS WAIKIKI
ROAD CHANGES
Government Nay Extend Leases
in Trade for Concessions
OF Real Estate.

Attorney General Dole has given an
opinion at the request OF Supt. Boyd
in which he holds that the Department
OF Public Works has a right TO make
leases and compromises for the Waikiki
road widening and other street extern
sions.
The Attorney General says:
II beg to acknowledge your favor OF
June 4. 1902. in which you say: In
| making compromises with property
owners for land required for street inn
/ provements and for public purposes.
| the proposition OF making such COM
| promises by extension OF government
| leases held by the parties desiring to
| make the compromises for n term OF
years. has been made to this office. and
\ a question has been raised as TO the
| authority OF the government To make
compromises as proposed under the
provision OF Section lis. Chapter Is. OF
| the Civil Laws OF 1897. and / would
therefore respectfully ask that you will
kindly give this department your opin-
Ion on the matter at your earliest con-
venience.'
Section liz OF the Civil Laws Of 1897.
with certain enumerated exceptions.
provides that public land shall be sold
at public auction 70 the highest bid
der.
Section rs OF the Civil Laws OF 1897
declares that: The provisions OF Sec
ton III shall not extend or apply TO
cases where the government shall. by
quilt claim or otherwise. dispose OF it's
rights IN any land by way OF compton,
Use or equitable settlements OF the
rights OF claimants. nor TO cases OF ex-
change. or sales OF government lands
In return for parcels OF land acquired
for roads. sites for government build
ings or other government purposes"
Technically speaking. giving lease
hold. chattel real. personal property.
In consideration OF n title in fee. Is not
an exchange OF land.
According TO the technical rules of
the common law. n ieasehold Is not real
estate or land: 10 IL a chattel real. per
sonnl property. This distinction Is the
essence OF an opinion which I rendered
some months ago that the provision of
the organic act-'No corporation. do
nestle or foreign. shall acquire and
hold real estate n Hawaii In excess OF
one thousand acres'-does not apply to |
ieaseholds. which opinion was submit |
ted To- and approved by the Attorney |
General OF the United States.
Section LIS Of the Civil Laws OF 1897 /
being. however. designed TO promote n /
business-iike administration OF public /
interests. instead OF being like the pro- l
vision OF the organic act just quoted In /
derogatlon OF natural rights OF proper
~. doubt whether. taken In connec- !
tion with Sections . and 10 OF the Civil /
Laws OF 1897 relative TO the construc-
ton OF statutes. the word land should i
have the same narrow and technical .
construction.
Irrespective OF the opinion OF the
Assistant Attorney General OF the Uni
ted States hereinafter quoted from. IL
seems 10 me that extending "a leaschold \
in consideration OF n title to land need
ed for public improvements may fairly \
and reasonably be considered within n
the letter and spirit or Section Us in
terprcted in the light OF Sections and \
20. II
The provisions OF Section III shall
not extend or apply to cases where the
shall. by quit claim or 9TH
erwise dispose OF its rights In any land
by way Of compromise or equitable set
Elements OF the rights OF claimants
a leasehold is not technically
real estate or land. IL - n right In land.
and under this portion Of the section
In question IL seems clear TO me that
the government can lawfully give or
extend such ieasehold by way OF COM
promise or equitable settlement OF the
rights OF claimant OF land: and al
though this portion OF Section las seems
TO have been chiefly intended to facili-
tate the adjustment OF disputed titles,
I think II may fairly include the set
Element OF claims which would other
wise be made for the value OF land
taken under the right OF eminent do
main"
opinions ore mere quoted from Nut |
General. United states
Courts. etc.
1T seems 20 me that the foregoing
doctrine. affirmed by the Supreme Court
81 the United States. and other courts
Of last resort and embodied in an opin-
lon from the department OF the Attor-
rey General OF the United States rela-
tive 10 matters in this Territory. rem
iered only two months ago. Is author
Ity ample 10 Justify the local govern
ment in extending a lease OF govern
ment land (such lease not being pro-
hibited by the organic act) in consid-
grafton OF a title to other land required |
FOR government purposes. or in COM
promise or settlement OF the claim