CHAPTER 669

QUIETING TITLE

 

        Part I.  General Provisions

Section

    669-1 Object of action

    669-2 Defendants; unknown persons

    669-3 Notice by publication or registered mail

  669-3.5 Trial when legal title in controversy

   669-4, 5 Repealed

    669-6 Disclaimer, default, no costs

    669-7 Repealed

    669-8 Recording of judgment

 

        Part II.  Structure Position Discrepancies

   669-11 De minimis structure position discrepancies, defined

   669-12 Consequences

   669-13 Restrictions as to owner of property

 

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).

 

Rules of Court

 

  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(3).