Bill Text: HI SB3004 | 2020 | Regular Session | Introduced
Bill Title: Relating To Partition Actions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-11 - The committee(s) on WLH recommend(s) that the measure be deferred. [SB3004 Detail]
Download: Hawaii-2020-SB3004-Introduced.html
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THE SENATE |
S.B. NO. |
3004 |
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THIRTIETH LEGISLATURE, 2020 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to partition actions.
BE IT
ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the courts have the power to appoint commissioners with certain powers in partition actions, including the sale and division of real property. Commissioners may also be appointed to investigate and report on the sale of certain real property in actions for foreclosure, partition, and quiet title, and to execute deeds and related conveyance documents for real property subject to partition. Because of the importance of land and land ownership in the State, it is critical to ensure that, in partition actions, all parties are fully informed of any and all applications the commissioner may intend to submit, including applications for water meter permits, and have the opportunity to object and be heard at a hearing prior to the commissioner submitting any such applications.
Accordingly, the purpose of this Act is to:
(1) Protect the rights of interested parties by requiring commissioners in partition actions to file reports with the court and fully inform all interested parties of any applications and the specific details therein that may be required for the partition or division of the property, including applications for water meter permits;
(2) Require commissioners to provide interested parties the right to object and be heard at a hearing; and
(2) Require commissioners to file a report with the court and submit proposed language of any deed of partition or of sale prior to the execution of such deeds.
SECTION 2. Section 668-13, Hawaii Revised Statutes, is amended to read as follows:
"§668-13
Commissioners in partition[.]; reports to court and interested
parties required. (a) The court shall have power in its discretion
to appoint a commissioner or commissioners to act under the directions and
subject to the approval of the court, and may invest them with power to
investigate and report to the court as to the practicability of partition of
the property in whole or in part, and where partition is deemed practicable to
prepare a plan for division of the property into lots or parcels, including
provision for any necessary roads or rights-of-way, and making of maps and
surveys, and for appraisements, or any other matters, referred to them by the
court, with their recommendations as to the division or allotment of the
parcels among the parties interested.
(b) Prior to submitting or filing any applications
with applicable departments, state agencies, or counties to effectuate the partition
or division of real property, including any applications for water meter permits,
the commissioner shall first file a report with the court and fully inform all interested
parties of the specific details and requirements that will be necessary to carry
out the partition of the property and shall provide the interested parties with
the opportunity to object and be heard at a hearing prior to submitting any such
applications. The commissioner's report
shall attest that the commissioner has made a good faith effort to consult with
every person claiming an interest in the property, and if consultation was not made,
shall report the reason why.
(c)
The commissioners shall have power, as and
when directed by the court, to make deeds of partition or of sale of the
property[.]; provided that the court has approved the commissioners' reports
and the proposed language of any deeds of partition or of sale.
(d) Before making any sale the commissioners shall each give security approved by the court conditioned for the faithful discharge of their duties. Upon the filing of any report by commissioners in partition the parties may have such time as the court may allow to file any objections thereto or to any part thereof, and if any objections are filed the court shall upon notice hear and determine the same."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Real Property; Partition Actions; Commissioners; Reports
Description:
Requires commissioners in partition actions to file reports with the court and fully inform all interested parties of any intended applications to be filed with any department, state agency, or county to carry out the partition or division of real property, including water meter permits. Requires commissioners to provide interested parties the right to object to the report and be heard at a hearing. Requires commissioners to file a report with the court including proposed language of any deed of partition or of sale.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
