Bill Text: HI HB2033 | 2018 | Regular Session | Amended
Bill Title: Relating To Manner Of Service.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Passed) 2018-07-05 - Act 094, 06/29/2018 (Gov. Msg. No. 1195). [HB2033 Detail]
Download: Hawaii-2018-HB2033-Amended.html
|
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2033 |
|
TWENTY-NINTH LEGISLATURE, 2018 |
H.D. 1 |
|
|
STATE OF HAWAII |
S.D. 1 |
|
|
|
C.D. 1 |
|
|
|
||
|
|
||
A BILL FOR AN ACT
RELATING TO MANNER OF SERVICE.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that many residential subdivisions are experiencing problems with real property owned by nonresidents of the State, including unpaid homeowner fees, overgrown trees, invasive species, and squatters. In many cases, the nonresident owners cannot be located and the county cannot act on behalf of neighboring property owners without providing notice to the owner of the offending property.
The purpose of this Act is to authorize service on nonresident property owners through a summons mailed to the mailing address on record with the real property tax office in the county in which the offending property is located.
SECTION 2. Chapter 634, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§634- Service in cases involving real property. (a)
Notwithstanding any other provision of law, in an action the principal
subject matter of which is real property owned by a defendant who is not a
resident of the State, service of summons may be made upon the defendant by
sending the summons and complaint by certified, registered, or express mail,
postage prepaid, with return receipt requested to the address of the defendant
on file with the real property assessment office of the county in which the
real property is located. The plaintiff
or the plaintiff's attorney shall file an affidavit showing that the summons
and complaint were sent by certified, registered, or express mail, and the
return receipt signed by the defendant shall be filed with the affidavit. The service shall be complete upon the
delivery of the summons and complaint to the defendant in the event that the
defendant does not sign and return the receipt, or shall be deemed complete
upon the date the return receipt was signed by the defendant in the event that
the defendant signs and returns the receipt within thirty days of delivery,
whichever date is later.
(b) As used in this section, "real property owned by a defendant who is not a resident of the State" means real property for which the address on file with the real property assessment office of the county in which the property is located is an address that is not in this State."
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. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2018.
Report Title:
Real Property; Service of Summons; Nonresident
Description:
Authorizes service on nonresident property owners for actions involving the property owned by the nonresident through a summons mailed to the mailing address on record with the real property tax office in the county in which the property is located. (HB2033 CD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
