HOUSE OF REPRESENTATIVES

H.B. NO.

511

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to real property.

 

 

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

 


SECTION 1. The legislature finds that as communities have grown over time land has been resold and replanned, resulting in uses that differ from the original plan. This is a particular issue when large lots are sold. The legislature further finds that in cases where a large lot is sold and the use of the land changes, the community should be informed as to the intended use of the land that has been sold.

The purpose of this Act is to require that the purchase of any property consisting of more than ten acres be accompanied by a sworn affidavit that the community where the land is located has been given notice of the applicant's intended use of the land and provide a copy of the notice.

SECTION 2. Chapter 502, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"502-    Notice to community; filing. For any plan consisting of more than ten acres, the parties shall file with the registrar:

(1) A sworn affidavit that the parties have provided a notice to the community where the land is located of the intended use of the land; and

(2) A copy of the notice provided to the community."

SECTION 3. Section 501-23, Hawaii Revised Statutes, is amended to read as follows:

"501-23 Application, form, and contents. The application shall be in writing, signed, and sworn to by the applicant or by some person duly authorized in the applicant's behalf. If there is more than one applicant, the application shall be signed and sworn to by, or in behalf of, each. The application shall contain a description of the land, with a statement of the estate or interest of the applicant in the land. If the application is for more than ten acres of land, the application shall contain an affidavit sworn by the applicant that the community where the land is located has been given notice of the applicant's intended use of the land and a copy of the notice provided to the community. The application shall state whether the applicant is married, and if married, the name in full of the wife or husband, the time and place of marriage, and the name and office of the officer performing the marriage ceremony; and if unmarried, whether the applicant has been married, and if so, when and how the marriage relation terminated; and if by divorce, when, where, and by what court the divorce was granted. The application shall also state the name in full and the address of the applicant and also the names and addresses of the adjoining owners and occupants, if known; and if not known, the application shall state what search has been made to find them. If the applicant has been known by more than one name, the applicant shall state all of the applicant's names in full. The application may be in form as follows:

State of Hawaii.

To the Honorable Judge of the Land Court:

I (or we), the undersigned, hereby apply to have the land herein described brought under the operation and provisions of chapter 501 of the Hawaii Revised Statutes and to have my (or our) title therein registered and confirmed as an absolute (qualified or possessory) title. And I (or we) declare:

(1) That I am (or we are) the owner (or owners) in fee simple of a certain parcel of land, with the buildings (if any, and if not, strike out the clause), situate in (here insert accurate description).

(2) That the land at the last assessment for taxation was assessed at....dollars; and the buildings (if any) at....dollars.

(3) That I (or we) do not know of any mortgage or encumbrance affecting the land, or that any other person has any estate or interest therein, legal or equitable, in possession, remainder, reversion, or expectancy. (If any, add "other than as follows," and set forth each clearly.)

(4) That I (or we) obtained title (if by deed, state name of grantor, date, and place of record, and file the deed, or state reason for not filing. If in any other way, state it).

(5) That the land is....occupied (state name in full, residence and post office address of occupant and the nature of the occupancy. If unoccupied, insert "not").

(6) That the names in full and addresses as far as known to me (or us) of the occupants of all lands adjoining the land are as follows: (give post office address, street, and number wherever possible. If names not known, state whether inquiry has been made, and what inquiry.)

(7) That the names and addresses so far as known to me (or us) of the owners of all lands adjoining above land are as follows: (same directions as above.)

(8) That I am (or we are) married (follow literally the directions given in section 501-23.)

(9) That my (or our) full name (or names), residence and post office address are as follows:

Dated: ............

(Schedule of documents.)

 

.......................

(Signature).

 

State of Hawaii } ss.

 

Dated: ...............

Then personally appeared the above named...................known to me to be the signer (or signers) of the foregoing application, and made oath before me that the statements made therein, so far as made of the signer's (or signers') own knowledge, are true and, so far as made upon information and belief, that the signer (or signers) believes them to be true.

..................., Notary Public."

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2021.

 

INTRODUCED BY:

_____________________________


 


 

Report Title:

Land Recordation; Requirements; Land Use; Notice

 

Description:

Requires an applicant seeking to register more than 10 acres of land with either the land court or the bureau of conveyances to provide a sworn affidavit that the community where the land is located has been given notice of the applicant's intended use of the land and provide a copy of the notice.

 

 

 

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