THE SENATE	S.B. NO.	1052
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO THE STATUTE OF LIMITATIONS.

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

SECTION 1. In the decision of DW Aina Le‘a Development, LLC, v. State of Hawai‘i Land Use Comm'n, SCCQ-19-0000156 (Haw. Dec. 17, 2020), the Hawai‘i Supreme Court held that the statute of limitations for an inverse-condemnation claim brought pursuant to section 20 of article I of the Constitution of the State of Hawaii, is six years pursuant to section 657-1, Hawaii Revised Statutes.

The purpose of this Act is to clarify that the statute of limitations for an inverse-condemnation claim brought against the State founded upon section 20 of article I of the Constitution of the State of Hawaii is two years pursuant to section 661-5, Hawaii Revised Statutes, by amending the jurisdiction of the state circuit and district courts under section 661-1, Hawaii Revised Statutes, to expressly include claims against the State founded upon section 20 of article I of the State Constitution.

SECTION 2. Section 661-1, Hawaii Revised Statutes, is amended to read as follows:

"§661-1 Jurisdiction. The several circuit courts of the State and, except as otherwise provided by statute or rule, the several state district courts, subject to appeal as provided by law, shall have original jurisdiction to hear and determine the following matters, and, unless otherwise provided by law, shall determine all questions of fact involved without the intervention of a jury:

(1) All claims against the State founded upon any statute of the State; upon any rule of an executive department; upon section 20 of article I of the Constitution of the State of Hawaii; or upon any contract, express or implied, with the State, and all claims [which] that may be referred to any such court by the legislature; provided that no action shall be maintained, nor shall any process issue against the State, based on any contract or any act of any State officer that the officer is not authorized to make or do by the laws of the State, nor upon any other cause of action than as herein set forth; and

(2) All counterclaims, whether liquidated or unliquidated, or other demands whatsoever on the part of the State against any person making claim against the State under this part."

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. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect upon its approval

INTRODUCED BY:	_____________________________
	BY REQUEST

Report Title:

Statute of Limitations; Inverse Condemnation; State Liability

Description:

Clarifies that the statute of limitations for an inverse-condemnation claim brought pursuant to section 20 of article I of the Constitution of the State of Hawaii is two years, pursuant to section 661-5, Hawaii Revised Statutes, by amending section 661-1 and making the claim cognizable under chapter 661.

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