HOUSE OF REPRESENTATIVES

H.B. NO.

357

THIRTY-FIRST LEGISLATURE, 2021

H.D. 1

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 inverse condemnation actions against the State is warranted in light of the Hawaii Supreme Court's decision in DW Aina Lea Dev., LLC v. State Land Use Comm'n, 148 Haw. 396 (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 an inverse condemnation 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; inverse condemnation. All actions for an inverse condemnation 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."

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.



 

Report Title:

Statute of Limitations; Inverse Condemnation; Constitutional Claim

 

Description:

Establishes a two-year statute of limitations for all actions for an inverse condemnation against the State, including a claim brought under article I, section 20, of the state constitution, regarding eminent domain. (HD1)

 

 

 

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