HOUSE OF REPRESENTATIVES

H.B. NO.

653

THIRTIETH LEGISLATURE, 2019

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO STATE PARTITIONS.

 

 

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

 


SECTION 1. Section 501-1, Hawaii Revised Statutes, is amended to read as follows:

"501-1 Court; jurisdiction; proceedings; location; rules, practice, etc. (a) A court is established, called the land court, which shall have exclusive original jurisdiction of all applications for the registration of title to land and easements or rights in land held and possessed in fee simple within the State, with power to hear and determine all questions arising upon such applications, and also have jurisdiction over such other questions as may come before it under this chapter, subject to the rights of appeal under this chapter. The proceedings upon the applications shall be proceedings in rem against the land, and the decrees shall operate directly on the land and vest and establish title thereto.

(b) The court shall hold its sittings in Honolulu, but may adjourn from time to time to such other places as the public convenience may require.

(c) The court shall have jurisdiction throughout the State, and shall always be open, except on Saturdays, Sundays, and holidays established by law.

[It is] (d) The court shall be a court of record, and shall cause to be made a seal, and to be sealed therewith all orders, process, and papers made by or proceeding from the court and requiring a seal. All notices, orders, and process of the court may run into any judicial circuit and be returnable as the court may direct.

(e) The procedure shall conform as near as may be to the practice in the circuit courts, but subject to the express provisions of this chapter and to general laws and rules of court. Forms prescribed by the court before taking effect shall be approved by the supreme court.

(f) All actions for partition or easement made by the State shall be given preference over all other applications filed pursuant to this chapter in the matter of setting the actions for hearing or trial, and in hearing them, to the end that all the applications shall be quickly heard and determined.

(g) Upon demand for jury trial, issues shall be framed therefor by the circuit judge to whom the case has been assigned. No other issues shall be presented to the jury, and a special verdict shall be rendered.

(h) In this chapter, except where the context requires a different construction, the word "court" or "judge" means the land court, the administrative judge of the circuit court of the first circuit, civil division, or the circuit judge to whom a land court matter is assigned pursuant to section 501-2."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2050.


 


 

Report Title:

Land Court; Partition; Priority

 

Description:

Requires that land court actions for partition by the State be given priority. (HB653 HD1)

 

 

 

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