2020 Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
669. Quieting Title
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(3).
Case Notes
Act 73, L 2003, by declaring accreted land to be "public land" and prohibiting littoral owners from registering existing accretion under chapter 501 and/or quieting title under this chapter, permanently divested a littoral owner of his or her ownership rights to any existing accretions to oceanfront property that were unregistered or unrecorded as of the effective date of Act 73 or for which no application for registration or petition to quiet title was pending; thus, Act 73 effectuated a permanent taking of such accreted lands without just compensation in violation of article I, 20 of the Hawaii constitution. 122 H. 34 (App.), 222 P.3d 441 (2009).
Act 73, L 2003, by declaring accreted land to be "public land" and prohibiting littoral owners from registering future accretion under chapter 501 and/or quieting title under this chapter, did not effectuate a taking of future accreted lands without just compensation in violation of article I, 20 of the Hawaii constitution where plaintiffs had no vested right to future accretions to their oceanfront land that may never materialize. 122 H. 34 (App.), 222 P.3d 441 (2009).
