Report Title:

Kuleana Lands; Sale

Description:

Prohibits the filing of an action for partition where the property is kuleana land, party that would be filing the action owns less than 51%, and the court may order a sale of the kuleana land.

HOUSE OF REPRESENTATIVES

H.B. NO.

1677

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to kuleana land.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 668-1, Hawaii Revised Statutes, is amended to read as follows:

"668-1 Actions for partition. (a) When two or more persons hold or are in possession of real property as joint tenants or as tenants in common, in which one or more of them have an estate in fee, or a life estate in possession, any one or more of such persons may bring an action in the circuit court of the circuit in which the property or some part thereof is situated, for a partition of the property, according to the respective rights of the parties interested therein, and for a sale of the same or a part thereof if it appears that a partition cannot be made without great prejudice to the owners. The several circuit courts shall have power, in any action for partition, to proceed according to the usual practice of courts of equity in cases of partition, and according to this chapter in enlargement thereof.

(b) Notwithstanding any provision in this chapter to the contrary, no action for partition shall be filed under the following conditions:

(1) The action would affect kuleana land;

(2) The party that would file the action owns less than fifty-one per cent of the kuleana land; and

(3) The court may order the sale of the kuleana land or a part thereof.

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Granting to the Common People Allodial Titles for Their Own Lands and House Lots, and Certain Other Privileges", as originally enacted and as amended."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 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before the effective date.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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