HOUSE OF REPRESENTATIVES

H.B. NO.

2033

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

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 unpaid homeowner fees for, and overgrown trees, invasive species, and squatters on, real property owned by nonresidents of the State.  In many cases, the nonresident owners cannot be contacted 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.  Section 634-36, Hawaii Revised Statutes, is amended to read as follows:

     "§634-36  Manner of service under sections 634-33 to 35.  [[](a)[]]  When service of summons is provided for by section 634-33, 634-34, or 634-35, service shall be made by service upon the defendant personally by any person authorized to serve process in the place in which the defendant may be found or appointed by the court for the purpose, or sent by certified, registered, or express mail, postage prepaid, with return receipt requested, by the plaintiff or the plaintiff's attorney to the defendant.  The plaintiff or the plaintiff's attorney shall file the return of the serving officer or an affidavit showing that the copy of summons and complaint were served as aforesaid or sent by certified, registered, or express mail as aforesaid, and in the latter case the return receipt signed by the defendant shall be filed with the affidavit.  The service shall be complete upon delivery of the required papers to the defendant outside the State, personally or by mail as provided.

     [[](b)[]]  If the defendant cannot be found to serve or mail the summons and the facts shall appear by affidavit or otherwise to the satisfaction of the court, it may order that service be made by publication of summons in at least one newspaper published in the State and having a general circulation in the circuit in which the action has been instituted, in such manner and for such time as the court may order, but not less than once each week in four successive weeks, the last publication to be not less than twenty-one days prior to the return date stated therein unless a different time is prescribed by order of the court.

     (c)  In addition to any manner of service authorized by subsections (a) and (b), in any action involving 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 service of summons 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, by the plaintiff or the plaintiff's attorney.  The plaintiff or the plaintiff's attorney shall file the return of the serving officer or an affidavit showing that the copy of 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 delivery of the required papers to the defendant outside the State by mail as provided.

     (d)  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.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect on January 1, 2019.

 

INTRODUCED BY:

_____________________________

 

 


 


 

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 offending property is located.  Effective 1/1/19.

 

 

 

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