Bill Text: HI SB582 | 2010 | Regular Session | Amended
Bill Title: Quiet Title; Adverse Possession; Kuleana Lands
Spectrum: Partisan Bill (Democrat 11-0)
Status: (Introduced - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB582 Detail]
Download: Hawaii-2010-SB582-Amended.html
Report Title:
Quiet Title; Adverse Possession; Kuleana Lands
Description:
Makes the office of Hawaiian affairs the trustee of any unclaimed kuleana lands. Prohibits quieting title to kuleana lands or claiming kuleana lands by adverse possession. (SD1)
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THE SENATE |
S.B. NO. |
582 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
S.D. 1 |
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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. The legislature finds that there have been countless instances in the past when persons using various means have disenfranchised native Hawaiian families and longtime kama‘aina from their family kuleana lands. This practice continues today through various legal processes.
The purpose of this Act is to prevent the disenfranchising of native Hawaiians from their familial kuleana lands by having the title to any unclaimed kuleana lands held in trust in the office of Hawaiian affairs until rightful descendants can be found.
SECTION 2. Chapter 10, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§10‑ Kuleana lands. (a) The office shall hold title in trust to any unclaimed kuleana lands if the descendants of the native tenants are unknown or cannot be found.
(b) Periodically, but not less than once a year, the office shall publish a list of all kuleana lands that it holds in trust, including the name of the last known native tenants and any known descendants thereof.
(c) Any descendant of a native tenant may make a claim with the office for any unclaimed kuleana land.
(d) The circuit court of the circuit in which the unclaimed kuleana land is located shall have exclusive jurisdiction of all disputes arising between alleged descendants of a native tenant over a claim made with the office for unclaimed kuleana land. An action in circuit court under this subsection may not be brought against any person more than five years after the disputed claim is first made with the office for the unclaimed kuleana land in question.
(e) The office shall adopt necessary rules, pursuant to chapter 91, for purposes of this section.
(f) For purposes of this section, "kuleana land" means that land granted to native tenants pursuant to L 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended."
SECTION 3. Section 560:2-105.5, Hawaii Revised Statutes, is amended to read as follows:
"§560:2-105.5 Escheat of kuleana
lands. Any provision of law to the contrary notwithstanding, if the owner
of an inheritable interest in kuleana land dies intestate, or dies partially
intestate and that partial intestacy includes the decedent's interest in the
kuleana land, and if there is no taker under article II, such inheritable
interest shall pass to the [department of land and natural resources] office
of Hawaiian affairs to be held in trust [until the office of Hawaiian
affairs develops a land management plan for the use and management of such
kuleana properties, and such plan is approved by the department of land and
natural resources. Upon approval, the department of land and natural resources
shall transfer such kuleana properties to the office of Hawaiian affairs.] in
accordance with section 10- . For the purposes of this section,
"kuleana lands" means those lands granted to native tenants pursuant
to L. 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the
King and Privy Council Passed on the 21st Day of December, A.D. 1849, Granting
to the Common People Allodial Titles for Their Own Lands and House Lots, and
Certain Other Privileges", as originally enacted and as amended."
SECTION 4. Section 657-31.5, Hawaii Revised Statutes, is amended to read as follows:
"§657-31.5 Adverse possession. (a)
In an action under this part where the person defending the action claims by
adverse possession in excess of the period of limitation, [said] the
claim can only be made:
(1) If the real property [which] that
is the subject of the action is five acres or less; [and]
(2) [Where] If the person claiming by
adverse possession has not asserted any similar claim, in good faith, within
the past twenty years; [however,] provided that this shall not
include similar claims made before November 7, 1978[.]; and
(3) If the real property that is the subject of the action is not kuleana land;
[However,] provided that, except for
paragraph (3), any person defending an action under this part may claim
adverse possession if that person's time period of adverse possession of the
land exceeded twenty years prior to November 7, 1978, or exceeded other
earlier applicable time periods of adverse possession.
(b) For purposes of this section, "kuleana land" means that land granted to native tenants pursuant to L 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended."
SECTION 5. Section 669-1, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(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[.]; except that no action shall be brought by any
person to quiet title to kuleana land. For purposes of this subsection,
"kuleana land" means that land granted to native tenants pursuant to
L 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the
King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting
to the Common People Allodial Titles for Their Own Lands and House Lots, and
Certain Other Privileges", as originally enacted and as amended."
SECTION 6. Section 669-2, Hawaii Revised Statutes, is amended to read as follows:
"§669-2 Defendants; unknown persons.
(a) Any person may be made a defendant in the action who has or claims, or may
claim, an interest in the property adverse to the plaintiff[,] or who is
a necessary party to a complete determination or settlement of the issues
involved therein.
(b) Unknown persons may be made parties as provided by the rules of court, if:
(1) [It shall be] As shown by the
complaint [that], there are or may be persons unknown, claiming
by, through, or under any named person; or
(2) [Other facts shall be] As shown by
the complaint [giving], other facts give rise to an actual
controversy between plaintiff and persons unidentified or whose names are unknown.
(c) In any action brought under section 669-1(b):
(1) There shall be joined as defendants, in addition to persons known to have an adverse interest, the adjoining owners and occupants so far as known.
(2) If all persons interested who are known or can be
joined as provided by subsection (b) have been made parties, the summons in
addition to being directed to [such] the parties, may be directed
to unknown persons generally and in such case, after service upon the persons
summoned, known and unknown, the court shall have jurisdiction to proceed as
though all persons interested were in being and personally served, but any
adjudication [shall], as regards a defendant served pursuant to section
669-3, shall affect only the property [which] that is the
subject of the action except as provided by section 634-23.
(d) In any action brought under section 669-1, the
State may be joined as a defendant [only] when:
(1) It is an adjoining property owner and the same is alleged by the plaintiff; or
(2) The party asserting the claim can demonstrate, by
a title search prepared at the party's own expense by an abstractor, that the
State has a clear and specific interest in the subject matter of the suit [which]
that is adverse to the plaintiff's claim, and a copy of the title search
is furnished to the State without cost, together with the complaint.
[(e) In any action brought under section
669-1, the office of Hawaiian affairs shall be joined as a defendant, by
service upon the office of Hawaiian affairs, when:
(1) The land claimed by the plaintiff is
kuleana land; and
(2) The plaintiff has reason to believe
that an owner of an inheritable interest in the kuleana land died intestate or
died partially intestate and there is or was no taker under article II of the Hawaii uniform probate code.
For purposes of this subsection,
"kuleana land" means that land granted to native tenants pursuant to
L 1850, p. 202, entitled "An Act Confirming Certain Resolutions of the
King and Privy Council, Passed on the 21st Day of December, A.D. 1849, Granting
to the Common People Allodial Titles for Their Own Lands and House Lots, and
Certain Other Privileges", as originally enacted and as amended.]"
SECTION 7. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 8. This Act shall take effect on July 1, 2050.
