HOUSE OF REPRESENTATIVES |
H.B. NO. |
1450 |
TWENTY-NINTH LEGISLATURE, 2017 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO KULEANA lANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Article XII, section 7 of the Hawaii State Constitution requires the State to "protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua‘a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights." In Act 195, Session Laws of Hawaii 2011, the State recognized the native Hawaiian people as the only indigenous, aboriginal, maoli people of Hawaii.
The legislature finds that the State has a constitutional duty to protect the title to kuleana lands granted to native Hawaiians over one hundred fifty years ago.
The purpose of this Act is to require that claimants of kuleana land hold title to more than fifty per cent of a parcel to initiate a quiet title action.
SECTION 2. Section 669-1, Hawaii Revised Statutes, is amended to read as follows:
"§669-1 Object of action. (a) [Action]
Subject to this chapter, 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] the 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] the 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.
(f) Action may be brought by any person to quiet title to kuleana land; provided that the claimant holds title to a greater than fifty per cent interest in each parcel of the action.
(g) As
used in this section[, "permanent"]:
"Kuleana land" shall have the same meaning as in section 669-2.
"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."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Real Property; Kuleana Land; Quiet Title
Description:
Requires that claimants seeking to quiet title of kuleana land shall own more than 50% of the land.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.