Property Ownership
What is 'Native Hawaiian traditional and customary rights' and how do they affect Hawaii real estate?
AA. These historical rights have no effect on modern Hawaii real estate transactions
BB. The Hawaii Constitution protects traditional and customary Native Hawaiian rights including access rights, gathering rights, and water rights; these may create burdens on private property and must be considered in development✓ Correct
CC. These rights only apply to properties on Hawaiian Home Lands
DD. Traditional rights are protected only for properties in conservation districts
Explanation
Article XII, Section 7 of Hawaii's constitution protects Native Hawaiian traditional and customary rights that existed before Western contact—gathering rights (plants, fish), access for religious and cultural purposes, and water rights. Courts have upheld these rights against private property claims. Property developers must consider and accommodate these rights, and they may affect title analysis for certain properties.
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