2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 12. CONSERVATION AND RESOURCES
172. Land Commission Awards; Surveys
§172-12 Land patents issued after boundary and commutation settled.


HI Rev Stat § 172-12 (2011 through Reg Sess) What's This?

§172-12 Land patents issued after boundary and commutation settled. Upon presentation to the department of land and natural resources of a certificate of a commissioner of boundaries defining the boundaries of a portion of an ahupuaa, ili, or other denomination of land, the department shall cause an appraisement to be made of the unimproved value of that portion of land; and upon payment to the department of the government commutation in that portion of land, upon the appraisement as above provided, the department shall cause to be issued a land patent for that portion of land, which land patent shall define the boundaries of that portion of land. [L 1872, c 21, §3; RL 1925, §569; RL 1935, §1588; RL 1945, §4642; RL 1955, §100-12; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §172-12]

Case Notes

Patent is merely quitclaim interest of government in lands. 3 H. 783; 11 H. 587, 589.

Patent is evidence that government right to commutation therein is extinguished. 6 H. 315.

Value of land at time of award is the basis of its appraisement for commutation of government interest. 8 H. 125.

Patent, valid on its face, may be attacked and declared void in action at law provided evidence shows it to be void for want of authority for its issue. 25 H. 651.

Royal patent issued on land commission award, validity of reservation of mineral rights. 49 H. 429, 421 P.2d 570. Royal patent on land commission award, significance if award defective. 49 H. 456, 479, 421 P.2d 550. Royal patent issued on land commission award, whether schoolhouse site included or excluded. 49 H. 537, 425 P.2d 83.

Cited: 35 H. 608, 658.

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