REPORT TITLE:
Real Property


DESCRIPTION:
Requires increased notice requirements in quiet title proceedings
and authorizes the court to appoint and compensate masters.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           100
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO PROPERTY.



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

 1      SECTION 1.  Chapter 669, Hawaii Revised Statutes, is amended
 
 2 by adding a new section to be appropriately designated and to
 
 3 read as follows:
 
 4      "§669-      Powers of the court.  The court shall have power
 
 5 to:
 
 6      (1)  Appoint masters when the facts demonstrate a need and
 
 7           to charge the parties for the costs of the masters'
 
 8           services, to be paid prior to final judgement; and
 
 9      (2)  Exercise any other power authorized to a circuit court
 
10           in a civil action."
 
11      SECTION 2.  Section 669-3, Hawaii Revised Statutes, is
 
12 amended to read as follows:
 
13      "§669-3 Notice by publication or registered mail.  In any
 
14 action brought under section 669-1(a) or (b), unknown persons and
 
15 any known persons who do not reside within the State or cannot
 
16 after due diligence be served with process within the State may
 
17 be served as provided by sections 634-23, 634-24, and 634-26;
 
18 provided that section 634-23(3) notwithstanding, service by
 
19 publication in any action brought under section 669-1(a) or (b)
 

 
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 1 shall be made in an English language newspaper published in and
 
 2 having a general circulation in the circuit in which the action
 
 3 or proceeding has been instituted, and if the action or
 
 4 proceeding has been instituted in any circuit other than the
 
 5 first circuit, service by publication shall also be made in an
 
 6 English language newspaper having a general circulation in the
 
 7 State.  The court shall determine on the facts whether there has
 
 8 been due diligence by reviewing the methods attempted to effect
 
 9 service with process.  Publication shall be made in such manner
 
10 and for such time as the court may order, but not less than once
 
11 in each of four successive weeks, the last publication to be not
 
12 less than twenty-one days prior to the return date stated herein
 
13 unless a different time is prescribed by order of the court.  A
 
14 copy of the summons also shall be posted upon the real property
 
15 concerned in the action or proceeding.  The first publication
 
16 shall contain a specific statement of the claim, including a
 
17 brief description of the factual and legal issues surrounding the
 
18 claim.  A subsequent publication shall be made after reasonable
 
19 opportunity for discovery, and not less than        days before
 
20 the opening of trial."
 
21      SECTION 3.  New statutory material is underscored.
 
22      SECTION 4.  This Act shall take effect upon its approval.
 
23 
 
24                           INTRODUCED BY:  _______________________
 

 
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