Bill Text: HI SB1495 | 2019 | Regular Session | Amended

Hawaii Senate Bill 1495 (Prior Session Legislation)

Bill Title: Relating To Actions For Quiet Title.

Spectrum: Partisan Bill (Democrat 4-0)

Status: (Engrossed - Dead) 2019-03-11 - Re-referred to WLH, JUD, FIN, referral sheet 29 [SB1495 Detail]

Download: Hawaii-2019-SB1495-Amended.html

THE SENATE	S.B. NO.	1495
THIRTIETH LEGISLATURE, 2019		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO ACTIONS FOR QUIET TITLE.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that defendants in quiet title actions for certain parcels of kuleana land may face undue hardships.

The purpose of this Act is to create a more equitable process to resolve disputes and hardships stemming from quiet title actions filed against owners of kuleana lands by authorizing the office of Hawaiian affairs to intervene in such actions.

The intent of the legislature is that nothing in this Act shall be interpreted so as to diminish or restrict native Hawaiian rights under article XII, section 7, of the Hawaii State Constitution.

SECTION 2. Section 10-5, Hawaii Revised Statutes, is amended to read as follows:

"§10-5 Board of trustees; powers and duties. The board shall have the power in accordance with law to:

(1) Manage, invest, and administer the proceeds from the sale or other disposition of lands, natural resources, minerals, and income derived from whatever sources for native Hawaiians and Hawaiians, including all income and proceeds from that pro rata portion of the trust referred to in section 10-3;

(2) Exercise control over real and personal property set aside to the office by the State of Hawaii, the United States of America, or any private sources, and transferred to the office for native Hawaiians and Hawaiians;

(3) Collect, receive, deposit, withdraw, and invest money and property on behalf of the office;

(4) Formulate policy relating to the affairs of native Hawaiians and Hawaiians, provided that such policy shall not diminish or limit the benefits of native Hawaiians under article XII, section 4, of the state Constitution;

(5) Otherwise act as a trustee as provided by law;

(6) Delegate to the administrator, its officers and employees such powers and duties as may be proper for the performance of the powers and duties vested in the board;

(7) Provide grants to individuals, and public or private organizations to better the conditions of native Hawaiians and Hawaiians consistent with the standards set forth in section 10-17;

(8) Make available technical and financial assistance and advisory services to any agency or private organization for native Hawaiian and Hawaiian programs, and for other functions pertinent to the purposes of the office of Hawaiian affairs. Financial assistance may be rendered through contractual arrangements as may be agreed upon by the board and any such agency or organization; [~~and~~]

(9) Intervene in actions to quiet title pursuant to section 669-1(f); and

[~~(9)~~] (10) Adopt and use a common seal by which all official acts shall be authenticated."

SECTION 3. Section 669-1, Hawaii Revised Statutes, is amended to read as follows:

"§669-1 Object of action. (a) Action may be brought by any person against another person who claims, or who may claim adversely to the plaintiff, an estate or interest in real property, for the purpose of determining the adverse claim.

(b) Action for the purpose of establishing title to a parcel of real property of five acres or less may be brought by any person who has been in adverse possession of the real property for not less than twenty years. Action for the purpose of establishing title to a parcel of real property of greater than five acres may be brought by any person who had been in adverse possession of the real property for not less than twenty years prior to November 7, 1978, or for not less than earlier applicable time periods of adverse possession. For purposes of this section, any person claiming title by adverse possession shall show that such person acted in good faith. Good faith means that, under all the facts and circumstances, a reasonable person would believe that the person has an interest in title to the lands in question and such belief is based on inheritance, a written instrument of conveyance, or the judgment of a court of competent jurisdiction.

(c) Action brought to claim property of five acres or less on the basis of adverse possession may be asserted in good faith by any person not more than once in twenty years, after November 7, 1978.

(d) Action under subsection (a) or (b) shall be brought in the circuit court of the circuit in which the property is situated.

(e) Action may be brought by any person to quiet title to land by accretion; provided that no action shall be brought by any person other than the State to quiet title to land accreted along the ocean after May 20, 2003, except that a private property owner whose eroded land has been restored by accretion may also bring such an action for the restored portion. The person bringing the action shall prove by a preponderance of the evidence that the accretion is natural and permanent and that the land accreted before or on May 20, 2003. The person bringing the action shall supply the office of environmental quality control with notice of the action for publication in the office's periodic bulletin in compliance with section 343‑3(c)(4). The quiet title action shall not be decided by the court unless the office of environmental quality control has properly published notice of the action in the office's periodic bulletin.

As used in this section, "permanent" means that the accretion has been in existence for at least twenty years. The accreted portion of land shall be considered within the conservation district. Land accreted after May 20, 2003, shall be public land except as otherwise provided in this section. Prohibited uses are governed by section 183-45.

(f) The office of Hawaiian affairs may intervene upon official action of the board of trustees in any action brought under this section when any portion of the land claimed by the plaintiff is kuleana land as defined in section 669-2(e)."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on March 15, 2094.

Report Title:

Action for Quiet Title; Kuleana Land; Office of Hawaiian Affairs; Intervention

Description:

Authorizes the Office of Hawaiian Affairs to intervene upon official action of the board of trustees in any action to quiet title in which any portion of the land claimed by the plaintiff is kuleana land. Takes effect 3/15/2094. (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.