HOUSE OF REPRESENTATIVES

H.B. NO.

357

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to statute of limitations.

 

 

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

 


SECTION 1. The legislature finds that the explicit creation of a statute of limitations applicable to regulatory takings actions against the State is warranted in light of the Hawaii Supreme Court's decision in DW Aina Lea Development, LLC v. State of Hawaii Land Use Commission, et al., 2020 WL 7394265 (2020). Setting this limitation by statute will bring certainty and predictability to the time within which a plaintiff shall file this type of claim against the State or be barred from pursuing the claim.

Accordingly, the purpose of this Act is to establish a two-year statute of limitations for a regulatory takings claim brought against the State, including a claim brought under article I, section 20, of the Hawaii State Constitution, which provides that "[p]rivate property shall not be taken or damaged for public use without just compensation."

SECTION 2. Chapter 657, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"657-    Two years; regulatory taking. All actions for a regulatory taking against the State, including a claim brought under article I, section 20, of the state constitution, shall be commenced within two years after the cause of action accrued, and not after."

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. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Statute of Limitations; Regulatory Takings; Constitutional Claim

 

Description:

Establishes a two-year statute of limitations for all actions for a regulatory taking against the State, including a claim brought under article I, section 20, of the state constitution.

 

 

 

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