CHAPTER 669

QUIETING TITLE

 

Part I. General Provisions

Section

669-1 Object of action

669-2 Defendants; unknown persons

669-3 Notice by publication or registered mail

669-3.5 Trial when legal title in controversy

669-4, 5 Repealed

669-6 Disclaimer, default, no costs

669-7 Repealed

669-8 Recording of judgment

 

Part II. Structure Position Discrepancies

669-11 De minimis structure position discrepancies, defined

669-12 Consequences

669-13 Restrictions as to owner of property

 

Rules of Court

 

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(3).

 

Case Notes

 

Act 73, L 2003, by declaring accreted land to be "public land" and prohibiting littoral owners from registering existing accretion under chapter 501 and/or quieting title under this chapter, permanently divested a littoral owner of his or her ownership rights to any existing accretions to oceanfront property that were unregistered or unrecorded as of the effective date of Act 73 or for which no application for registration or petition to quiet title was pending; thus, Act 73 effectuated a permanent taking of such accreted lands without just compensation in violation of article I, 20 of the Hawaii constitution. 122 H. 34 (App.), 222 P.3d 441 (2009).

Act 73, L 2003, by declaring accreted land to be "public land" and prohibiting littoral owners from registering future accretion under chapter 501 and/or quieting title under this chapter, did not effectuate a taking of future accreted lands without just compensation in violation of article I, 20 of the Hawaii constitution where plaintiffs had no vested right to future accretions to their oceanfront land that may never materialize. 122 H. 34 (App.), 222 P.3d 441 (2009).

 

 

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