Hawaii Land Surveying Licensing Law

Hawaii Code · 27 sections

The following is the full text of Hawaii’s land surveying licensing law statutes as published in the Hawaii Code. For the official version, see the Hawaii Legislature.

Haw. Rev. Stat. § 101-1

Section

101-1 Definitions

101-2 Taking private property for public use; disposal

of excess property

101-3 Entry upon private property by agreement

101-3.5 Priority for lessees dislocated by condemnation

proceedings

101-4 Right of eminent domain granted to public utilities

and others

101-5 Fee simple or lesser estate may be acquired

101-6 What property may be taken

101-7 Superior public use

101-8 Entering and surveying land

101-9 Actions; priority

101-10 Circuit courts have jurisdiction

101-11 Procedure as in civil actions

101-12 Evidence

101-13 Exercise of power by county

101-14 Plaintiff

101-15 Complaint; defendants

101-16 Complaint; additional contents; map

101-17 Different properties in one action

101-18 Joint or consolidated actions by governmental agencies

101-19 Amendments of complaints, citations

101-20 Notice

101-21 Intervenors

101-22 Decision

101-23 Damages assessed, how

101-24 Assessed as of day of summons

101-25 Payment of judgment, penalties

101-26 Final order of condemnation

101-27 Defendant allowed damages upon abandonment or

dismissal of proceedings

101-28 Possession pending action; immediate occupation by

plaintiff

101-29 Possession pending action; alternative procedure

101-30 Order of possession

101-31 Payment of estimated compensation; effect thereof

101-32 Possession pending appeal

101-33 Allowance of interest, etc.

101-34 Issue as to use may be set for immediate trial

101-35 Tax official as party; certificates, etc.

101-36 Certificate of deposit of moneys in court; notice of

lien

101-37 Payment of taxes out of deposit

101-38 Further certificate of possession

101-39 Effect of abandonment of eminent domain proceedings

Part II. Irrigation Corporations

101-41 Special power of eminent domain

101-42 Rights-of-way

101-43 Requirements prior to exercise of power

101-44 Right-of-way lapses when

Part III. Special Proceedings Relating to Public

Property

101-51 Definitions

101-52 Proceedings authorized

101-53 Property already appropriated to a public purpose

101-54 Part I provisions adopted; consolidation of

proceedings

Part IV. Acquisition of Private Personal Property

101-71 Taking private personal property for public use

101-72 Negotiated purchase of private personal property under

threat of condemnation

Rules of Court

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(2).

Law Journals and Reviews

Dolan v. City of Tigard: Individual Property Rights v. Land Management Systems. 17 UH L. Rev. 193.

Case Notes

Chapter did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.

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Haw. Rev. Stat. § 107-1

Section

107-1 Management of internal improvements

107-1.5 Public works project assessment fund

107-2 Surveys, maps, etc., lands, harbors, etc.

107-3 Powers and duties of the department of accounting and

general services

107-4 Duties of counties relating to maps, surveyors,

reports

107-5 Costs, fees and charges

107-6 Standards prescribed by department

107-7 Assistance of private employees authorized

107-8 Repealed

107-9 Appraisers of property, number

107-10 Acquiring of real property; prior approval

107-11 Parking; control by comptroller

Part II. State Building Code and Design Standards

107-21 Definitions

107-22 State building code council

107-23 Executive director and executive assistant; council

budget

107-24 Authority and duties of the council

107-25 Hawaii state building codes; requirements

107-26 Hawaii state building codes; prohibitions

107-27 Design of state buildings

107-28 County authority to amend and adopt the Hawaii state

building codes without council approval

107-29 Rules

107-30 Annual report

107-31 State building code; compliance

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Haw. Rev. Stat. § 125-1

Section

125-1 “Emergency” defined

125-2 Powers in an emergency

125-3 Charges

125-4 Personnel, delegation of powers

125-5 Contributions

125-6 Investigations, surveys

125-7 Fraud, misdemeanor

Note

Chapter heading amended by L 1974, c 5, §1.

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Haw. Rev. Stat. § 141-1

Section

141-1 Duties in general

141-2 Rules

141-2.5 Aquaculture program

141-2.6 Fees for aquaculture services

141-2.7 Aquaculture development special fund

141-3 Designation of pests; control or eradication of pests;

emergency power

141-3.5 Control or eradication programs

141-3.6 Entry of private property to control or eradicate any

pests

141-4 Weights of coffee; rules

141-5 Charges for inspection, etc.

141-6 Appeal from inspector’s decision

141-7 General penalty

141-8 Crop damage; civil liability

141-9 Energy feedstock program

141-10 Agricultural development and food security special

fund; establishment

141-11 Hawaii farm to school program; farm to school

Coordinator

141-12 Agricultural food safety certification program

Part II. Industrial Hemp Pilot Program

141-31 Definitions

141-32 Industrial hemp pilot program; established

141-33 Licensing

141-34 Reports

141-35 Approved seed cultivars

141-36 Growing of industrial hemp; licensee responsibilities

141-37 Inspections; fees

141-38 Violations

141-39 Profits

141-40 Rulemaking

Note

Pesticide subsidy program for coffee growers; report to 2019 legislature (repealed June 30, 2019). L 2014, c 105, §3; L 2015, c 152, §1.

Swine farm survey for porcine respiratory and reproductive syndrome. L 2000, c 207.

Cross References

Agricultural and aquacultural building permit exemptions, see §46-88.

Hawaii agriculture workforce advisory board, see §371-19.

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Haw. Rev. Stat. § 171-1

Section

171-1 Definitions

171-2 Definition of public lands

171-3 Department of land and natural resources

171-4 Board of land and natural resources; terms and

qualifications of members of the board; organization;

expenses

171-4.5 Aha moku advisory committee; established

171-5 Meetings, regular, special; quorum

171-6 Powers

171-6.4 General administrative penalties

171-6.5 Repealed

171-7 General duties of the board

171-8 Land agents and other employees

171-8.5 Koke‘e state park advisory council

171-8.6 Risk assessment working group

171-9 Land districts

171-10 Classes of lands

171-11 Public purposes, lands set aside by the governor;

management

171-12 Permanent register of applicants for public lands

171-13 Disposition of public lands

171-14 Auction

171-14.5 Auction pre-qualification; agricultural and pasture

leases

171-15 Drawing

171-16 Notices

171-17 Appraisals

171-18 Public land trust

171-18.5 Sugarcane lands conveyed for the development of

housing projects

171-19 Special land and development fund

171-19.5 Repealed

171-20 Notice of breach or default

171-21 Rights of holder of security interest

171-22 Consent to mortgage

171-23 Land patents and deeds, issued when

171-24 Land conveyances, preparation, signing, record, copies

171-25 Irrigation projects

171-26 Rights-of-way to the sea, game management areas, and

public hunting areas

171-27 Taxes

171-28 Government-owned Hawaiian fishponds; sale prohibition

171-29 Report to legislature on all dispositions

171-30 Acquisition of real property; general

171-31 Depository for documents; filing, record

171-31.5 Disposition of abandoned or seized property

171-31.6 Criminal penalties

Part II. Dispositions, Generally

A. Policy and Planning

171-32 Policy

171-33 Planning; generally

171-34 Planning; intensive agricultural and pasture uses

B. Leases or Sales

171-35 Lease provisions; generally

171-36 Lease restrictions; generally

171-36.1 Reservation of rights to prehistoric and historic

remains on leased public lands

171-36.2 Public lands for historic preservation and

restoration

171-37 Lease restrictions; intensive agricultural and

pasture uses

171-37.5 Withdrawal or taking of leased land; fair compensation

171-38 Condemnation of leases

171-39 Leases; forfeiture

171-40 Expired leases; holdover

171-41 Commercial, industrial, and other business uses

171-41.5 Amendment of commercial, hotel, or industrial lease

171-42 Hotel and resort uses

171-43 Lease of campsites or sites for youth athletic and/or

educational activities

171-43.1 Lease to eleemosynary organizations

171-44 Lease for recreation-residence use

C. Residential Uses

171-45 Residence lots; sale or leases

171-46 Residential sales or leases; planning

171-47 Residence lots; improvement districts

171-48 Residence lots, requirements

171-49 Residence lots: unsold; forfeited; surrendered

171-49.5 Resale, first offer to board; limitation on resale

price

171-49.7 Public lands suitable and available for residential

development; inventory

D. Miscellaneous

171-50 Exchanges

171-50.1 Acquisition of lands for exchange under chapter 516

171-50.2 Exchanges for conversion of leasehold lands to fee

simple ownership

171-51 Quitclaim

171-52 Remnant

171-53 Reclamation and disposition of submerged or reclaimed

public land

171-54 Land license

171-55 Permits

171-55.5 Agricultural plots

171-56 Contract or license for concessions or concession

space

171-57 Reserved rights and easements

171-58 Minerals and water rights

171-58.5 Prohibitions

171-59 Disposition by negotiation

171-60 Development through private developer

171-61 Cancellation, surrender

171-62 Sales; payment, default

171-63 Waiver of restrictions

171-64 Covenants against discrimination

171-64.5 Nonconventional uses; department of health;

approval and authorization; Waimano ridge

171-64.7 Legislative approval of sale or gift of lands

Part III. Special Dispositions; Sales and Leases

Permitted Without Public Auction

A. Certain Agricultural Uses, Including Special

Livestock and Pasture

171-65 Leases, leases with option to purchase, sales

permitted; when

171-66 Planning

171-67 Restrictions; conditions

171-68 Applicants; qualifications of

171-69 Preference right

B. Residential Leases

171-70 Findings and declaration of necessity

171-71 Definitions

171-72 Subdivision, improvement and lease of public lands

171-73 Term, rent, and other conditions of residential leases

171-74 Qualifications of lessees

171-75 Persons disqualified to take residential leases

171-76 Preference right to residential lease

171-77 Transfers of title by bequest, devise, intestate

succession, or by operation of law, and upon

foreclosure

171-78 Notice; drawing

171-79 Purchase of fee title by lessee

171-80 Cancellation of leases

171-81 Surrender of lease

171-82 Approval by board

171-83 Costs of, and realization from, residential leasing

171-84 Leases to certain developers of housing for low and

moderate income families

C. Disposition to Victims of Natural Disaster

1. Disposition for Other Than Residential or

Agricultural Purposes

171-85 Definitions

171-86 Purpose

171-87 Disposition to victims of natural disaster, when

171-88 Option to purchase

171-89 Applications

171-90 Eligibility

171-91 Notice of availability of leases; selection of lessees

171-92 Existing public leases

1. Disposition for Residential Purposes

171-93 Authorization

171-94 Persons dispossessed or displaced

D. Disposition to Government Agencies and Public

Utilities

171-95 Disposition to governments, governmental agencies,

public utilities, and renewable energy producers

171-95.3 Renewable energy producers; lease of public lands

without public auction

171-95.5 Lease to public charter schools

171-96 Lease to foreign governments

Part IV. Relating to Existing Homestead Rights;

Continuation Thereof and Removal of Certain

Restrictions

171-97 Definition

171-98 Release of restrictions

171-99 Continuation of rights under existing homestead

leases, certificates of occupation, right of purchase

leases, and cash freehold agreements

171-100 Successor determination program

Part V. Lands for Agricultural Purposes

171-111 Repealed

171-112 Acquisition

171-113 to 116.5 Repealed

171-117 Public lands; agricultural park lands

171-118 Repealed

Part VI. Economic Development

171-121 Molokai forest lands, management program established

Part VII. Industrial Parks

171-131 Definitions

171-132 Designation of industrial park

171-133 Authority to plan, improve, develop, operate, and

maintain industrial parks

171-134 Industrial park development

171-135 Joint venture or development agreement

171-136 Disposition of public lands within industrial park

171-137 Preference

171-138 Repealed

171-139 Acquisition

171-140 Rules

171-141 Lease for eligible permittee in industrial park

171-142 Lease for lessees dislocated by condemnation

proceedings

171-143 Rate policy

171-144 Issuance of revenue bonds

Part VIII. Restoration of Beach Lands

171-151 Definitions

171-152 General powers

171-153 Beach restoration plan

171-154 Authority to lease coastal lands

171-155 Development of public coastal lands

171-156 Beach restoration special fund

[Part IX. Turtle Bay, Oahu]

171-171 Reimbursable general obligation bonds for

conservation easement and other real property

interests in Turtle Bay, Oahu

171-172 Turtle Bay conservation easement special fund

171-173 Turtle Bay appraisal and due diligence

171-174 Lease of Turtle Bay lands

Note

Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of part II of this chapter through June 30, 2017 or until completion. L 2012, c 218.

Development of watershed management strategies by University of Hawaii in at least two of Hawaii’s most severely flood-impacted watersheds. L 2006, c 187.

Kakaako makai; conveyance of certain parcels to office of Hawaiian affairs. L 2012, c 15.

Priority mooring space for intra-county ferry service. L 2008, c 57, §2.

Relief for airport concessionaires (repealed July 1, 2013). L Sp 2009, c 33; L 2011, c 104, §2.

State purchase of private lands subject to approval. L 2015, c 119, §105.

Survey to identify potential historic districts and single-family residences for listing on Hawaii register of historic places; report to 2018 legislature. L 2015, c 89, §1.

Use of lands in public land trust; payments and accounting requirements. L 2006, c 178.

Water rights lease applications; annual reports to 2017-2020 legislature. L 2016, c 126, §2.

Cross References

Ala Wai boat harbor; leases, see §200-2.6.

Civil relief for state military forces, see chapter 657D.

Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see §663-1.56.

Disposition of state boating facility properties, see §200-2.5.

Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.

Exception to liability for county lifeguard services, see §663-1.52.

Kaho‘olawe island reserve, see chapter 6K.

Koke‘e state park advisory council, see §171-8.5.

State facility renovation partnership program, see chapter 107D.

Transfer of non-agricultural park lands classified for agricultural use to department of agriculture, see chapter 166E.

Attorney General Opinions

Applies to any and all “public lands”, including ceded lands or lands acquired by the State by other means. Att. Gen. Op. 95-3.

Law Journals and Reviews

Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts. 14 UH L. Rev. 519.

Demolition of Native Rights and Self Determination: Act 55’s Devastating Impact through the Development of Hawaii’s Public Lands. 35 UH L. Rev. 297 (2013).

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Haw. Rev. Stat. § 172-1

Section

172-1 Department to list lands on which commutation payable;

public notice; notice to pay

172-2 Department to appraise lands; determine commutation;

interest; lien

172-3 Enforcement of payment

172-4 General default

172-5 Hearing, foreclosure

172-6 Proof

172-7 Unsurveyed lands; listing by comptroller

172-8 Notice to owners to have boundaries determined

172-9 Upon failure of owners, comptroller to have boundaries

determined at owner’s expense

172-10 Enforcement of payment of expenses by owners

172-11 Land patents on land commission awards; to whom, for

whose benefit

172-12 Land patents issued after boundary and commutation

settled

172-13 Destruction, defacing or removal of survey monuments;

penalty

Cross References

Environmental courts, jurisdiction over proceedings arising under this chapter, see §604A-2.

Rules of Court

Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).

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Haw. Rev. Stat. § 205-1

Section

205-1 Establishment of the commission

205-2 Districting and classification of lands

205-3 Retention of district boundaries

205-3.1 Amendments to district boundaries

205-3.5 Reclassification of land contiguous to an agricultural

district; approval conditions

205-4 Amendments to district boundaries involving land areas

greater than fifteen acres

205-4.1 Fees

205-4.5 Permissible uses within the agricultural districts

205-4.6 Private restrictions on agricultural uses and activities;

not allowed

205-5 Zoning

205-5.1 to 5.3 Repealed

205-6 Special permit

205-7 Adoption, amendment or repeal of rules

205-8 Nonconforming uses

205-9 to 11 Repealed

205-12 Enforcement

205-13 Penalty for violation

205-14 Repealed

205-15 Conflict

205-16 Compliance with the Hawaii state plan

205-16.1, 16.2 Repealed

205-17 Land use commission decision-making criteria

205-18 Periodic review of districts

205-19 Contested cases

Part II. Shoreline Setbacks

205-31 to 37 Repealed

Part III. Important Agricultural Lands

205-41 Declaration of policy

205-42 Important agricultural lands; definition and

objectives

205-43 Important agricultural lands; policies

205-44 Standards and criteria for the identification of

important agricultural lands

205-44.5 Important agricultural lands; public lands

205-45 Petition by farmer or landowner

205-45.5 Important agricultural land; farm dwellings and

employee housing

205-46 Incentives for important agricultural lands

205-46.5 Agricultural processing facilities; permits; priority

205-47 Identification of important agricultural lands;

county process

205-48 Receipt of maps of eligible important agricultural

lands; land use commission

205-49 Designation of important agricultural lands;

adoption of important agricultural lands maps

205-50 Standards and criteria for the reclassification or

rezoning of important agricultural lands

205-51 Important agricultural lands; county ordinances

205-52 Periodic review and amendment of important agricultural

lands maps

Note

Prior law: L 1961, c 187.

Acquisition of important agricultural lands owned by the Galbraith Estate; department of land and natural resources powers, etc. L 2008, c 234, §§8 to 10.

Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of this chapter through June 30, 2017 or until completion. L 2012, c 218.

Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.

Cross References

Acquisition of important agricultural lands, see §§163D-31 to 163D-33.

Private agricultural parks, see chapter 169.

Law Journals and Reviews

Maha‘ulepu v. Land Use Commission: A Symbol of Change; Hawaii’s Land Use Law Allows Golf Course Development on Prime Agricultural Land by Special Use Permit. 13 UH L. Rev. 205.

Honolulu’s Ohana Zoning Law: To Ohana or Not to Ohana. 13 UH L. Rev. 505.

The Lum Court, Land Use, and the Environment: A Survey of Hawai‘i Case Law 1983 to 1991. 14 UH L. Rev. 119.

Residential Use of Hawai‘i’s Conservation District. 14 UH L. Rev. 633.

Dolan v. City of Tigard: Individual Property Rights v. Land Management Systems. 17 UH L. Rev. 193.

Is Agricultural Land in Hawai‘i “Ripe” for a Takings Analysis? 24 UH L. Rev. 121 (2001).

“Urban Type Residential Communities in the Guise of Agricultural Subdivisions:” Addressing an Impermissible Use of Hawai‘i’s Agricultural District. 25 UH L. Rev. 199 (2002).

Avoiding the Next Hokuli‘a: The Debate over Hawai‘i’s Agricultural Subdivisions. 27 UH L. Rev. 441 (2005).

Ala Loop and the Private Right of Action Under Hawai‘i Constitution Article XI, Section 9: Charting a Path Toward a Cohesive Enforcement Scheme. 33 UH L. Rev. 367 (2010).

A Self-Executing Article XI, Section 9–The Door For a Bivens Action for Environmental Rights? 34 UH L. Rev. 187 (2012).

Demolition of Native Rights and Self Determination: Act 55’s Devastating Impact through the Development of Hawaii’s Public Lands. 35 UH L. Rev. 297 (2013).

The (Somewhat) False Hope of Comprehensive Planning. 37 UH L. Rev. 39 (2015).

Case Notes

Religious Land Use and Institutionalized Persons Act of 2000, assuming it was constitutional, did not facially invalidate Hawaii’s land use law. 229 F. Supp. 2d 1056 (2002).

Article XI, §9 of the Hawaii constitution is self-executing, and §205-12 imposes “reasonable limitations and regulations” that were applicable to the case which allowed the private right of action to enforce this chapter. 123 H. 391, 235 P.3d 1103 (2010).

Charter school failed to establish that community association’s claim under this chapter was moot, and even if the case was moot, the public interest exception applied as (1) appeals court ruling that there was no private right of action under this chapter injected the requisite degree of public concern; (2) public officials needed guidance as to whether private citizens have a private right of action to enforce this chapter; and (3) given the volume of land in this State and the frequency with which issues relating to this chapter have been litigated, the question of private party enforcement was likely to recur in the future. 123 H. 391, 235 P.3d 1103 (2010).

In the circumstances of the case, article XI, §9 of the Hawaii constitution created a private right of action to enforce this chapter, and the legislature confirmed the existence of that right of action by enacting §607-25, which allows for the recovery of attorneys’ fees in such actions. 123 H. 391, 235 P.3d 1103 (2010).

This chapter is a law relating to environmental quality within the meaning of article XI, §9 of the Hawaii constitution. 123 H. 391, 235 P.3d 1103 (2010).

As no private cause of action exists to enforce this chapter, appellants lacked standing to prosecute their claim under this chapter against landowner and circuit court lacked subject matter jurisdiction to consider this claim. 119 H. 164 (App.), 194 P.3d 1126 (2008).

Provisions of chapter provide authority to issue special use permits for golf courses on prime agricultural lands. 71 H. 332, 790 P.2d 906.

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Haw. Rev. Stat. § 226-1

Section

226-1 Findings and purpose

226-2 Definitions

226-3 Overall theme

226-4 State goals

226-5 Objective and policies for population

226-6 Objectives and policies for the economy–in general

226-7 Objectives and policies for the economy–agriculture

226-8 Objective and policies for the economy–visitor

industry

226-9 Objective and policies for the economy–federal

expenditures

226-10 Objective and policies for the economy–potential

growth and innovative activities

226-10.5 Objectives and policies for the economy–information

industry

226-11 Objectives and policies for the physical

environment–land-based, shoreline, and marine

resources

226-12 Objective and policies for the physical environment–

scenic, natural beauty, and historic resources

226-13 Objectives and policies for the physical environment–

land, air, and water quality

226-14 Objective and policies for facility systems–in

general

226-15 Objectives and policies for facility systems–solid

and liquid wastes

226-16 Objective and policies for facility systems–water

226-17 Objectives and policies for facility systems–

transportation

226-18 Objectives and policies for facility systems–energy

226-18.5 Objectives and policies for facility systems–

telecommunications

226-19 Objectives and policies for socio-cultural

advancement–housing

226-20 Objectives and policies for socio-cultural

advancement–health

226-21 Objective and policies for socio-cultural

advancement–education

226-22 Objective and policies for socio-cultural

advancement–social services

226-23 Objective and policies for socio-cultural

advancement–leisure

226-24 Objective and policies for socio-cultural

advancement–individual rights and personal

well-being

226-25 Objective and policies for socio-cultural

advancement–culture

226-26 Objectives and policies for socio-cultural

advancement–public safety

226-27 Objectives and policies for socio-cultural

advancement–government

226-28 Repealed

Part II. Planning Coordination and Implementation

226-51 Purpose

226-52 Statewide planning system

226-53 Office of planning; duties

226-54 Amendments to this chapter

226-55 Functional plans; preparation

226-56 Functional plans; form and submittal

226-57 Functional plans; implementation

226-58 County general plans

226-59 State programs

226-60 Repealed

226-61 Renumbered

226-62 Repealed

226-63 Hawaii interagency council for transit-oriented

development

226-64 Hawaii interagency council for transit-oriented

development; membership

Part III. Priority Guidelines

226-101 Purpose

226-102 Overall direction

226-103 Economic priority guidelines

226-104 Population growth and land resources priority

guidelines

226-105 Crime and criminal justice

226-106 Affordable housing

226-107 Quality education

226-108 Sustainability

226-109 Climate change adaptation priority guidelines

Note

2050 sustainability plan; update every ten years. L Sp 2005, c 8; L 2006, c 210, §2.

Military presence in Hawaii; memorandum of understanding. L 2012, c 65.

Cross References

Climate adaptation, see chapter 225P.

Sustainable business corporations, see chapter 420D.

Law Journals and Reviews

Kaiser Hawaii Kai Development Company v. City and County of Honolulu: Zoning by Initiative in Hawaii. 12 UH L. Rev. 181.

Maha‘ulepu v. Land Use Commission: A Symbol of Change; Hawaii’s Land Use Law Allows Golf Course Development on Prime Agricultural Land by Special Use Permit. 13 UH L. Rev. 205.

Honolulu’s Ohana Zoning Law: To Ohana or Not to Ohana. 13 UH L. Rev. 505.

The Lum Court, Land Use, and the Environment: A Survey of Hawai‘i Case Law 1983 to 1991. 14 UH L. Rev. 119.

Dolan v. City of Tigard: Individual Property Rights v. Land Management Systems. 17 UH L. Rev. 193.

Avoiding the Next Hokuli‘a: The Debate over Hawai‘i’s Agricultural Subdivisions. 27 UH L. Rev. 441 (2005).

Water Regulation, Land Use and the Environment. 30 UH L. Rev. 49 (2007).

The (Somewhat) False Hope of Comprehensive Planning. 37 UH L. Rev. 39 (2015).

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Haw. Rev. Stat. § 268-1

Section

268-1 Ferry system and facilities authorized

268-1.5 Private ferry or ferry system; authority to provide

268-2 “Hawaii State Ferries” name authorized

268-2.5 Intra-island water ferry transportation system;

authority to implement

268-2.6 Ferry project special fund

268-3 Survey

268-4 Appropriation; personnel

268-5 Bonds; issue authorized

268-6 Bonds, certificates of issuance; terms and conditions

268-7 Operation of ferry system

268-8 Fixing of charges, rates, and disbursements of

revenues

268-9 Seamen may sue for injuries; venue

268-10 Authority as a common carrier; rights and liabilities

268-11 Liability for damages as to persons or property

268-12 Liability to persons other than shippers or

passengers; limitation

268-13 Claim for damages; filing and contents; time

limitations

268-14 Payment of claims

268-15 Venue of actions; enforcement of judgment

268-16 Report

Note

Interisland and intra-island ferry system feasibility study; report to 2018 legislature. L 2016, c 196.

Large capacity ferry vessel requirements. L Sp 2007 2d, c 2.

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Haw. Rev. Stat. § 481-1

Section

481-1 Unlawful practices

481-2 Officers and agents

481-3 Sales at less than cost

481-4 Purchase at forced or bankrupt sales

481-5 Proof of intent; cost surveys

481-6 When sale at less than cost permitted

481-7 Rebates, refunds, etc.

481-8 Duty of attorney general to prosecute

481-9 Illegal contracts

481-9.5 Automatic renewal clauses and continuous service

clauses

481-10 Actions to enjoin violation

481-11 Remedies cumulative

Part II. Sale of United States Surplus Goods

481-21 Findings and declaration of public policy

481-22 Unauthorized use of certain trade names prohibited

481-23 Fraudulent representation of origin of goods

481-24 Advertising or display requirements

481-25 Additional display requirements

481-26 Penalty

481-27 Injunctions

Cross References

Cybersquatting, see §§481B-21 to 25.

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Haw. Rev. Stat. § 516-1

Section

516-1 Definitions

516-2 Applicability

516-3 No estoppel or waiver

516-4 Trusts and estates

516-5 Penalty

516-6 Administration of chapter

516-7 Corporation’s duties, generally

516-8 Interested members, officers, or employees

516-9 Quitclaim deeds

Part II. Condemnation of Development Tract

516-21 Applicability

516-22 Designation of leased fee interest in all or part of

development tract for acquisition

516-23 Exercise of power of eminent domain

516-24 Compensation

516-24.5 Exchanges

516-25 Interest acquired

516-26 Interest in compensation paid by the corporation

516-27 Compulsory or involuntary conversion

516-28 Disposition, generally

516-29 Notice of disposition

516-30 Purchase of leased fee interest

516-31 Disposition by lease

516-32 Not for profit

516-33 Qualification for purchase

516-33.5 Deposits by lessees

516-34 Mortgages, agreements of sale, other instruments

516-35 Restrictions on sale and use of residential lots

516-35.1 Foreclosure and sale by mortgagees

516-36 to 39 Repealed

516-40 Bonds as legal investments

516-41 Exemption from taxation and assessments

516-42 Investment of reserves

516-43 Security for funds deposited

516-44 Repealed

516-45 General obligation bonds

516-51 Preliminary negotiation required

516-52 to 55 Repealed

516-56 Eminent domain trial

Part III. Rights of Lessees

516-61 Applicability

516-62 Discrimination

516-63 Free assignability

516-64 Forfeiture

516-65 Extension

516-66 Lease rental

516-67 Zoning changes

516-68 Rights to self-organization; remedies

516-69 Sale of fee by lessor

516-70 Reversion of improvements

516-71 Residential lease; disclosure

516-72 Civil penalty

516-73 Suggested form of standardized summary of lease

provisions

Part IV. Judicial Declaration

516-81 Repealed

516-82 Severability

516-83 Legislative findings and declaration of necessity;

purpose

Part V. Fee Title Acquisition Loan Program

516-91 Definitions

516-95 Rules; eligible loans

516-101 Revenue bonds; authorization

516-102 Revenue bonds; payment and security

516-103 Revenue bonds; interest rate, price, and sale

516-104 Revenue bonds; investment of proceeds and redemption

516-107 Trustee; designation, duties

516-108 Trust indenture

516-111 Revenue bonds; special funds

516-121 Acquisition loan programs; procedures and requirements

516-122 Acquisition loan programs; general powers

516-123 Acquisition loan programs; self supporting

516-124 Acquisition loan programs; fees

516-125 Acquisition loan programs; evidence of eligible loan

516-131 Loans to lenders program

516-132 Loan to lenders program; collateral security

516-141 Purchase of existing loans program

516-151 Advance commitments program

516-161 Eligible loan funding program

516-171 Loans; service and custody

516-172 Loans; sale, pledge, or assignment

516-173 Loans; insurance and guarantees

516-174 Loans; default

516-181 Interest acquired

516-182 Restrictions on sale and use of residential lots

acquired from proceeds of eligible loan

516-186 Construction

Part VI. Sustainable Affordable Developments

or Leases

516-201 Exemption for sustainable affordable developments

516-202 Certification

516-203 Recordkeeping

516-204 University of Hawaii at Manoa

Law Journals and Reviews

Extending Land Reform to Leasehold Condominiums in Hawai‘i. 14 UH L. Rev. 681.

The Constitutionality of a Naked Transfer: Mandatory Lease-to-Fee Conversion’s Failure To Satisfy a Requisite Public Purpose in Hawai‘i Condominiums. 25 UH L. Rev. 561.

The Moon Court, Land Use, and Property: A Survey of Hawai‘i Case Law 1993-2010. 33 UH L. Rev. 635 (2011).

Case Notes

Chapter did not preempt ordinance relating to residential condominium leasehold conversion. 76 H. 46, 868 P.2d 1193.

Chapter only authorizes housing finance and development corporation to institute single condemnation proceeding of a specifically designated portion of a development tract and does not allow that proceeding to be judicially divided into multiple condemnations of individual lots. 82 H. 172, 921 P.2d 92.

Constitutionality.

Chapter did not violate “public use” requirement of Fifth Amendment to U.S. Constitution. 467 U.S. 229.

Hawaii Land Reform Act violates public use limitation of Fifth and Fourteenth Amendments of U.S. Constitution. 702 F.2d 788.

Given system of landholding in Hawaii, legislature could, under police power, conclude that general welfare was served by condemning land of large landholder-lessors and allow lessees to purchase land from State. 483 F. Supp. 63.

Legislature’s determinations of what land is subject to condemnation and who is entitled to repurchase from State are not arbitrary or capricious. 483 F. Supp. 63.

Condemnation of leased fee interests in residential houselots continued to satisfy “public use” prerequisite of Fifth Amendment to U.S. Constitution and article I, §20 of Hawai‘i constitution. 79 H. 64, 898 P.2d 576.

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Haw. Rev. Stat. § 91-1

Section

91-1 Definitions

91-2 Public information

91-2.5 Fees for proposed and final rules

91-2.6 Proposed rulemaking actions and rules; posting on

the lieutenant governor’s internet website

91-3 Procedure for adoption, amendment, or repeal of

rules

91-4 Filing and taking effect of rules

91-4.1 Rulemaking actions; copies in Ramseyer format

91-4.2 Rule format; publication of index

91-4.3 Price

91-4.4 Form of publication

91-5 Publication of rules

91-6 Petition for adoption, amendment or repeal of rules

91-7 Declaratory judgment on validity of rules

91-8 Declaratory rulings by agencies

91-8.5 Mediation in contested cases

91-9 Contested cases; notice; hearing; records

91-9.5 Notification of hearing; service

91-10 Rules of evidence; official notice

91-11 Examination of evidence by agency

91-12 Decisions and orders

91-13 Consultation by officials of agency

91-13.1 Administrative review of denial or refusal to issue

license or certificate of registration

91-13.5 Maximum time period for business or

development-related permits, licenses, or

approvals; automatic approval; extensions

91-14 Judicial review of contested cases

91-15 Appeals

91-16 Severability

91-17 Federal aid

91-18 Short title

Note

Judiciary report to 2019 legislature on change in judicial proceedings made by L 2016, c 48. L 2016, c 48, §11.

Cross References

Small business regulatory flexibility act, see chapter 201M.

Uniform electronic legal material act, see chapter 98.

Attorney General Opinions

Because this chapter provides for a decision in a contested case to be rendered by an agency, a decision rendered by an official who is not within that agency would be the exception and not the rule. This chapter does not require a hearings officer from outside the department for administrative hearings. Att. Gen. Op. 98-6.

Law Journals and Reviews

Sandy Beach Defense Fund v. City and County of Honolulu: The Sufficiency of Legislative Hearings in an Administrative Setting. 12 UH L. Rev. 499.

The Lum Court, Land Use, and the Environment: A Survey of Hawai‘i Case Law 1983 to 1991. 14 UH L. Rev. 119.

Residential Use of Hawai‘i’s Conservation District. 14 UH L. Rev. 633.

Case Notes

Statutory authority is necessary for administrative body to reconsider prior quasi-judicial decisions on its own initiative. 54 H. 621, 513 P.2d 1001.

Under doctrine of necessity, official otherwise disqualified can act if jurisdiction is exclusive and substitution is not provided. 54 H. 621, 513 P.2d 1001.

University rules do not have force of law unless Hawaii administrative procedure act is complied with. 56 H. 680, 548 P.2d 253.

Rehearings before administrative bodies are addressed to their own discretion and only the clearest abuse of discretion could sustain an exception to rule. 60 H. 166, 590 P.2d 524.

Where health department did not have rules adopted under this chapter governing the standards of emissions of hydrogen sulfide into the air as required by §342B-32 (1991) at the time geothermal well developer was issued permit, department was required to refuse the issuance of the permit. 73 H. 56, 828 P.2d 801.

Department did not violate Hawaii administrative procedure act when it circulated a memorandum interpreting “sole source” provisions of Hawaii purchasing law to other state agencies. 76 H. 332, 876 P.2d 1300.

Giving precedential effect to prior commission decisions does not constitute rule-making. 81 H. 459, 918 P.2d 561.

Public utilities commission did not violate Hawaii administrative procedure act by not promulgating rules to establish when transmission lines will be placed underground. 81 H. 459, 918 P.2d 561.

Public utilities commission’s reliance on adjudication to develop underground transmission line policy not abuse of discretion where commission did not circumvent requirements of Hawaii administrative procedure act and appellants did not suffer undue hardship relying on past commission policy. 81 H. 459, 918 P.2d 561.

A water management area designation is not the product of a contested case hearing, under this chapter, from which a direct appeal to the supreme court may be brought under §174C-60. 83 H. 484, 927 P.2d 1367.

Where administrative rules failed to set forth the method by which department determined general assistance amounts, and the method used by department to determine amounts was adopted without compliance with this chapter, administrative rules contravened statutory mandate of §346-71(f) (1996) and were thus void and unenforceable. 88 H. 307, 966 P.2d 619.

Where a public hearing pertaining to the issuance of a liquor license was statutorily required under §§281-52 and 281-57, and petitioner’s legal rights, duties, and privileges were determined based on the public hearing regarding the decision to grant or deny a liquor license to petitioner, the public hearing was a “contested case” hearing governed by this chapter; thus, (1) petitioner was entitled to judicial review under §91-14, (2) §91-11 applied to proceedings on petitioner’s application for liquor license, and (3) the liquor commission did not comply with §91-11. 118 H. 320, 189 P.3d 432.

Planning and permitting department’s policy of refusing to publicly disclose developer’s engineering reports prior to their approval constituted a “rule”; as this policy was not “published or made available for public inspection” nor did plaintiff have actual knowledge of the policy prior to its initial request for the reports, department did not comply with this chapter and was proscribed from invoking this policy; thus, department violated this chapter by refusing to publicly disclose any unaccepted engineering reports and written comments, and all of department’s files, including developer’s file, were public records that could be examined upon request. 119 H. 90, 194 P.3d 531.

Right to appeal from administrative agency’s decision is limited by this chapter. 9 H. App. 298, 837 P.2d 311.

Haw. Rev. Stat. § 92-1

Section

92-1 Declaration of policy and intent

92-1.5 Administration of this part

92-2 Definitions

92-2.5 Permitted interactions of members

92-3 Open meetings

92-3.1 Limited meetings

92-3.5 Meeting by interactive conference technology;

notice; quorum

92-4 Executive meetings

92-5 Exceptions

92-6 Judicial branch, quasi-judicial boards and

investigatory functions; applicability

92-7 Notice

92-8 Emergency meetings

92-9 Minutes

92-10 Legislative branch; applicability

92-11 Voidability

92-12 Enforcement

92-13 Penalties

Part II. Boards: Quorum; General Powers

92-15 Boards and commissions; quorum; number of votes

necessary to validate acts

92-15.5 Nonattendance of board member; expiration of term

92-16 Power of boards to issue subpoenas, administer oaths,

appoint masters, etc.

92-17 Consumer complaints; procedures and remedies

Part III. Copies of Records; Costs and Fees

92-21 Copies of records; other costs and fees

92-22, 23 Repealed

92-24 Directors of finance and commerce and consumer

affairs; fees

92-25 Fees for copies of pleadings, etc.

92-26 Fees; exemption

92-27 Fees to be accounted for

92-28 State service fees; increase or decrease of

92-29 Reproduction of government records

92-30 Copy deemed original record

92-31 Disposition of original record

Part IV. Notice of Public Hearings

92-41 Giving public notices

Part V. Public Records

92-50 to 52 Repealed

Part VI. General Provisions

92-71 Political subdivision of the State; applicability

Part VII. Neighborhood Board

92-81 Neighborhood board; notice and agenda; public input;

quorum

92-82 Permitted interactions of neighborhood board members

92-83 Neighborhood board meeting; unanticipated events;

public interest

Law Journals and Reviews

The Lum Court, Land Use, and the Environment: A Survey of Hawai`i Case Law 1983 to 1991. 14 UH L. Rev. 119.

Case Notes

Rule regarding confidentiality of development proposals neither conflicted with nor contradicted “mandate” of either §92-3 or the Sunshine Law (this chapter) as a whole; plaintiff not entitled to disclosure of development proposals under those statutory provisions. 74 H. 365, 846 P.2d 882.

As this chapter governs board meetings and board meeting minutes, including those of executive sessions, and this section, by its plain language, permits “any person”, including the county, to bring suit in circuit court “to determine the applicability of part I of this chapter to the discussions or decisions” of the council, the circuit court did not err in determining it had jurisdiction pursuant to this chapter to determine whether county council’s executive session minutes had to be disclosed. 120 H. 34 (App.), 200 P.3d 403.

In a suit deciding whether disclosure of county council executive session minutes was required, circuit court properly found that both chapter 92F and this chapter applied; if the meeting met an exception to the open meeting requirements put forth in this chapter, such as an exception enumerated in §92-5, the council was not required to disclose the minutes of that meeting to the public; if the meeting did not fall under such an exception, the council was required to disclose the minutes pursuant to §92-9 and §92F-12. 120 H. 34 (App.), 200 P.3d 403.

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You may view our Privacy Policy here.

HRS §464-1

§464-1  Definitions.  As used in this chapter:

"Architect" means a person who holds oneself out as able to perform, or who does perform, any professional service such as consultation, investigation, evaluation, planning, design, including aesthetic and structural design, or observation of construction, in connection with any private or public buildings, structures, or projects or the equipment or utilities thereof, or the accessories thereto, wherein the safeguarding of life, health, or property is concerned or involved, when the professional service requires the application of the art and science of construction based upon the principles of mathematics, aesthetics, and the physical sciences.

"Landscape architect" means a person who holds oneself out as able to perform, or who does perform, any professional services such as consultation, investigation, reconnaissance, research, design, preparation of drawings and specifications, and observation of construction where the dominant purpose of the services is:

(1)  The preservation and enhancement of land uses and natural land features;

(2)  The location and construction of aesthetically pleasing and functional approaches for structures, roadways, and walkways; and

(3)  The design for equestrian trails, plantings, landscape irrigation, landscape lighting, and landscape grading.

This practice shall include the location, arrangement, and design of tangible objects and features as are incidental and necessary to the purposes outlined herein.  Nothing herein shall preclude a duly licensed landscape architect from planning the development of land areas and elements used thereon or from performing any of the services described in this section in connection with the settings, approaches, or environment for buildings, structures, or facilities; provided that nothing in this chapter shall empower a landscape architect licensed under this chapter from practicing or offering to practice architecture or engineering in any of its various recognized branches.

"Land surveying" means any professional service or work which involves the application of specialized knowledge of the principles of mathematics, the physical and applied sciences, and the act of measuring, locating, establishing, or reestablishing lines, angles, elevations, natural and manmade features on the surface and immediate subsurface of the earth, or on the beds or surface of bodies of water, for the purpose of determining, establishing, describing, displaying, or interpreting the size, shape, topography, elevation datum planes, legal or geodetic location or relocation, or orientation of improved or unimproved real property and appurtenances thereto, including acreage.  Land surveying includes but is not limited to:

(1)  Evaluating and determining boundary evidence collected through field surveys, boundary studies, or other means;

(2)  Using the principles of land surveying to:

(A)  Determine the position for any monument or reference point which marks a property line, boundary corner, right-of-way, easement, or alignment of those lines;

(B)  Set, reset, recover, or replace any such monument or reference point; or

(C)  Perform topographical surveys;

(3)  Giving an authoritative reference or interpretation as to the location of a property line, boundary, right‑of-way, easement, or any related corner position;

(4)  Creating or modifying record plats for cadastral surveys including consolidation, subdivision, resubdivision, rights-of-way, easements, determination of areas, mathematical closures, and elevations of land parcels;

(5)  Creating or modifying land surveying descriptions of property lines and easements, or editing their content for use in legal instruments that convey real property and property rights;

(6)  Rendering a statement or certification regarding the positional accuracy of land surveying maps, record drawings, field surveys, or measured survey data;

(7)  Creating or modifying the content of electronic data, computerized drawings, or any other survey map relative to the practice of land surveying; or

(8)  Setting, resetting, or replacing initial survey control points, including benchmarks to provide horizontal and vertical data on or in the vicinity of a construction or engineering project to enable any components of the project to be built in compliance with plans and specifications with respect to the project location, orientation, elevation, and relationship to property lines, easements, or right-of-way boundaries.

This definition shall not apply to any person working within the scope of practice of another licensed profession; provided that the person does not purport to be a land surveyor.

"Professional engineer" means a person who holds oneself out as able to perform, or who does perform, any professional service such as consultation, investigation, evaluation, planning, design, or observation of construction or operation, in connection with any public or private utilities, structures, buildings, machines, equipment, processes, works, or projects, wherein the safeguarding of life, health, or property is concerned or involved, when such professional service requires the application of engineering principles and data.

"Professional surveyor", "professional land surveyor", or "land surveyor" means a person who holds oneself out as able to practice, or who does practice, land surveying in this State. [L 1933, c 134, §5; RL 1935, §7034; RL 1945, §7601; am L 1949, c 306, §1; RL 1955, §166-1; HRS §464-1; am L 1970, c 85, §2; gen ch 1985; am L 1988, c 226, §1; am L 1989, c 210, §3; am L 2012, c 79, §1]

HRS §464-11

§464-11  Contents of certificates; use of seal mandatory when.  Each certificate of licensure issued hereunder shall bear the date of the original license and shall specify whether the person to whom it is issued is authorized by the board to practice professional engineering, architecture, land surveying or landscape architecture.

In the case of a certificate issued to a person authorizing the person to practice professional engineering, the certificate shall furthermore indicate the major branch or branches of engineering in which the person has especially qualified.

Every licensee may use a seal or rubber stamp of the design authorized by the board bearing the licensee's name and the words "licensed professional engineer", "licensed architect", "licensed land surveyor", or "licensed landscape architect", or otherwise as may be authorized by the board.

All plans, specifications, maps, and reports prepared by or under the supervision of a licensed engineer, architect, surveyor, or landscape architect shall be stamped with such seal or stamp when filed with public officials.  It shall be unlawful for anyone to seal or stamp any document with such seal or stamp after the license has expired or has been revoked or suspended unless such license has been renewed or reissued.

No official of the State nor of any political subdivision thereof, charged with the enforcement of laws or ordinances relating to the construction or alteration of buildings or structures, shall accept or approve any plans or specifications that are not stamped with the seal of a licensed architect or with the seal of a licensed engineer who has qualified in the structural engineering branch, unless the building or structure, for which the plans or specifications are submitted is exempted from this chapter, and no map or survey shall be filed in the land court unless stamped with the seal of a licensed land surveyor. [L 1923, c 227, §6; RL 1925, §3688; am L 1931, c 165, §4; am L 1933, c 134, §2; RL 1935, §7039; RL 1945, §7611; RL 1955, §166-11; HRS §464-11; am L 1970, c 85, §§1, 6; am L 1983, c 155, §7; gen ch 1985; am L 1989, c 210, §13]

HRS §464-12

§464-12  Corporations and partnerships.  A corporation or copartnership may engage in the practice of professional engineering, architecture, surveying, or landscape architecture in the State if the person or persons connected with the corporation or copartnership directly in charge of the professional work is duly licensed. [L 1923, c 227, §7; RL 1925, §3689; am L 1933, c 134, §3; RL 1935, §7040; RL 1945, §7612; RL 1955, §166-12; HRS §464-12; am L 1970, c 85, §1; am L 1983, c 155, §8; am L 1989, c 210, §14; am L 1997, c 8, §4]

HRS §464-14

§464-14  Unlicensed activity; penalties.  (a)  Any person who practices, offers to practice, or holds oneself out as authorized and qualified to practice professional engineering, architecture, land surveying, or landscape architecture in the State, except as provided in sections 464-3 and 464-5; or who uses the title "engineer", "architect", "land surveyor" or "landscape architect", or any title, sign, card, or device to indicate that such person is practicing professional engineering, architecture, land surveying, or landscape architecture, or is a professional engineer, architect, land surveyor, or landscape architect, without having first acquired a license in accordance with this chapter and without having a valid unexpired license; or who uses or attempts to use as the person's own the seal, certificate or license of another, or who falsely impersonates any duly licensed practitioner hereunder, or who uses or attempts to use an expired, suspended, or revoked license shall be fined not more than $500 or imprisoned not more than one year, or both.

(b)  Any corporation or copartnership which advertises that it furnishes architectural, engineering, land surveying, or landscape architectural services in the making of plans or specifications or in the construction of any building or other structure, without first complying with section 464-12; or any corporation or copartnership which furnishes or offers to furnish architectural, engineering, land surveying, or landscape architectural services for the construction of any building, structure, project, or utility in the State, without first complying with section 464-12, shall be fined not more than $1,000.  Notwithstanding any law to the contrary, persons, corporations, or copartnerships working on structures exempted in section 464-13 shall not be affected by this subsection. [L 1923, c 227, §11; RL 1925, §3693; am L 1931, c 165, §8; am L 1933, c 134, §4; RL 1935, §7042; RL 1945, §7614; RL 1955, §166-14; HRS §464-14; am L 1970, c 85, §1; gen ch 1985; am L 1989, c 210, §15; am L 1993, c 127, §2]

Case Notes

Nonrenewal of registration held not to warrant forfeiture of contract rights in addition to penal sanctions of this section.  57 H. 124, 551 P.2d 525 (1976).

HRS §464-17

[§464-17]  Professional land surveyor right of entry to private property; notification; identification.  (a)  A professional land surveyor licensed pursuant to this chapter, and any assistant under the direct supervision of the professional land surveyor, may enter the private property of the landowner of the real property to be surveyed and any adjoining lands, but not any building, structure, residence, or vehicle, at reasonable times to perform land surveying at the request of the landowner of, or person with an interest in, the real property to be surveyed after providing a written notice not less than ten days before the proposed date of entry.

(b)  The written notice shall include:

(1)  The date and time the entry is scheduled to occur;

(2)  A description of the work to be performed;

(3)  The approximate duration of the entry;

(4)  A statement that the landowner of the real property to be surveyed and the landowners of adjoining lands may refuse entry by making a timely written objection;

(5)  A statement of the date, time, and method by which the landowner of the real property to be surveyed and the landowners of adjoining lands may object; and

(6)  A statement of the date, time, and method by which the landowner of, or person with an interest in, the real property to be surveyed and the landowner or occupier of adjoining lands may notify of a disruption or interference with operations on the properties involved.

(c)  The written notice shall be sent to the last known address of the landowner of, or person with an interest in, the real property to be surveyed and the landowner or occupier of adjoining lands to be accessed.  Notice sent by certified mail shall be deemed sufficient notice for purposes of this section.

(d)  An objection shall be expressly communicated to the professional land surveyor in writing no later than seventy-two hours before the date the survey work is to be performed.  If the landowner of the real property to be surveyed or a landowner of adjoining lands makes a timely objection, the professional land surveyor, and any assistant under the direct supervision of the professional land surveyor, shall not be authorized to enter the private property of the objecting landowner pursuant to this section.  If the landowner of the real property to be surveyed or a landowner of adjoining lands does not make a timely objection, the professional land surveyor, and any assistant under the direct supervision of the professional land surveyor, shall be authorized to enter the private property of the landowner pursuant to this section.

(e)  When the landowner of, or person with an interest in, the real property to be surveyed or the landowner or occupier of adjoining lands gives notice to the professional land surveyor that the surveying may disrupt or interfere with operations on the properties involved, the professional land surveyor shall meet with the landowner, person with interest, or occupier to negotiate a mutually agreeable date and time to perform the land surveying.

(f)  The professional land surveyor or professional land surveyor's assistant shall carry:

(1)  A government-issued photo identification;

(2)  A copy of the written notice submitted pursuant to this section; and

(3)  The land surveyor's:

(A)  Certificate of licensure with the license number issued pursuant to this chapter, or a facsimile thereof; or

(B)  Seal or stamp, or facsimile thereof, authorized pursuant to section 464-11. [L 2023, c 209, §2]

HRS §464-2

§464-2  Licensing of practicing engineers, etc.  In order to safeguard life, health, and property, no person except those exempted by sections 464-3 and 464-5 shall practice professional engineering, architecture, land surveying or landscape architecture in the State unless the person is duly licensed under this chapter. [L 1923, c 227, §1; RL 1925, §3683; am L 1931, c 165, §1; RL 1935, §7030; RL 1945, §7602; RL 1955, §166-2; HRS §464-2; am L 1970, c 85, §1; gen ch 1985; am L 1989, c 210, §4]

Case Notes

Contract made by unregistered architect, although illegal, is not necessarily void.  57 H. 124, 551 P.2d 525 (1976).

HRS §464-3

§464-3  Persons exempt from licensure.  Persons practicing professional engineering, architecture, land surveying, or landscape architecture solely as officers or employees of the United States shall be exempted from the provisions of this chapter. [L 1923, c 227, §8; RL 1925, §3690; am L 1931, c 165, §5; RL 1935, §7031; RL 1945, §7603; RL 1955, §166-3; am L 1961, c 142, §12(a); HRS §464-3; am L 1970, c 85, §1; am L 1983, c 155, §1; am L 1989, c 210, §5; am L 1997, c 8, §1]

HRS §464-4

§464-4  Public works.  (a)  Notwithstanding any other provision to the contrary, public works projects involving:

(1)  Alteration or new construction shall be required to have:

(A)  Plans or specifications prepared by or under the supervision of an appropriately licensed professional engineer, architect, or landscape architect.  The licensed professional engineer, architect, or landscape architect, as the case may be, shall stamp the plans or specifications, and indicate that the licensee has prepared or supervised the preparation of the plans or specifications; and

(B)  A licensed professional engineer, architect, or landscape architect designated by the State, county, or political subdivision that is undertaking the public works project to observe the alteration or new construction.  For the observation of construction of these types of public works projects, the licensed professional engineer, architect, or landscape architect, as the case may be, shall not be required to stamp the plans or specifications.

(2)  Maintenance work shall:

(A)  Not be required to have plans or specifications prepared by or under the supervision of an appropriately licensed professional engineer, architect, or landscape architect; and

(B)  Be required to have a licensed professional engineer, architect, or landscape architect designated by the State, county, or political subdivision that is undertaking the public works project to observe the maintenance work.  For the observation of construction of this type of public works project, the licensed professional engineer, architect, or landscape architect, as the case may be, shall not be required to stamp the plans or specifications.

(b)  All land surveys involving property boundaries for public purposes or plans thereof shall be made or supervised by a licensed surveyor.  The licensed land surveyor shall stamp the land surveys or plans, and indicate that the licensee has prepared or supervised the preparation of the land surveys or plans.

(c)  For purposes of this section:

"Maintenance" means minor repairs or replacement work which do not affect or involve the structural integrity of the public works project.

"Public works projects" means projects undertaken by the State, counties, or any political subdivisions thereof. [L 1923, c 227, §9; RL 1925, §3691; am L 1931, c 165, §6; RL 1935, §7032; RL 1945, §7604; RL 1955, §166-4; HRS §464-4; am L 1970, c 85, §1; am L 1988, c 226, §2; am L 1989, c 210, §6; am L 2002, c 53, §1]

HRS §464-5

§464-5  Limitation upon application of chapter.  Nothing in this chapter shall prevent any person from engaging in engineering, architectural, or landscape architectural work and undertakings upon property owned or exclusively controlled or possessed by that person, or from hiring any person to do the work and undertakings, unless the work and undertakings involve the safety or health of the public, nor shall anything in this chapter prevent any person from engaging in land surveying upon property owned or exclusively controlled or possessed by that person or from hiring any person to do the work, unless the work involves a common boundary.

Nothing in this chapter shall be construed as applying to the business conducted in this State by any agriculturist, horticulturist, tree expert, arborist, forester, gardenshop operator, nursery operator or landscape nursery operator, gardener, landscape gardener, landscape contractor, landscape designer, landscape consultant, garden or lawn caretaker, or cultivator of land, as these terms are generally used, except that no person shall use the designation "landscape architect", "landscape architectural", or "landscape architecture" unless licensed under the provisions of this chapter.

All engineering work, architectural work, and landscape architectural work in which the public safety or health is involved shall be designed by and the construction observed by a duly licensed professional engineer, architect, or landscape architect, respectively. [L 1923, c 227, §10; RL 1925, §3692; am L 1931, c 165, §7; RL 1935, §7033; RL 1945, §7605; RL 1955, §166-5; HRS §464-5; am L 1970, c 85, §§1, 3; am L 1988, c 226, §3; am L 1989, c 210, §7; gen ch 1993]

HRS §464-6

§464-6  Board of professional engineers, etc., members; appointment; tenure; qualifications.  There shall be a state board of professional engineers, architects, surveyors, and landscape architects hereinafter called "the board".  The board shall consist of fourteen members, including at least four professional engineers, three professional architects, two professional surveyors, two professional landscape architects, and three public members.  Each county shall be represented by at least one member who is a resident of the county.  Each member shall hold over after the expiration of the member's term until the member's successor is duly appointed and qualified.

Each member shall have been a resident of the State for at least three years.  A member representing the profession shall have been engaged in the practice of the member's profession for at least five years immediately preceding the date of the member's appointment.  Any member of the board who incurs expenses in connection with the preparation and grading of examination papers shall be reimbursed for those expenses with the approval of the department. [L 1923, c 227, §2; RL 1925, §3684; am L 1933, c 134, §§1, 6; RL 1935, §7035; RL 1945, §7607; am L 1949, c 306, §2; RL 1955, §166-6; am L Sp 1959 2d, c 1, §5; am L 1967, c 85, §2; HRS §464-6; am L 1970, c 85, §4; am L 1978, c 208, §12; am L 1982, c 204, §8; am L 1983, c 155, §2; gen ch 1985; am L 1989, c 210, §8; am L 1992, c 202, §153; ree L 1993, c 322, §14]

Cross References

Design claim conciliation panel, see chapter 672B.

Attorney General Opinions

This statute is constitutional, with regard to the use of the phrase "appointed and qualified" to describe when a successor's appointment terminates a holdover member's position.  Att. Gen. Op. 16-3.

HRS §464-7

§464-7  Powers and duties of board; secretary; records.  In addition to any other powers and duties authorized by law, the board may compel the attendance of witnesses upon subpoena, administer oaths, take testimony, and do all other things necessary and proper to carry out this chapter in all matters within its jurisdiction.  It shall adopt and have an official seal and adopt, subject to chapter 91 and with the approval of the governor and the director of commerce and consumer affairs, rules for the performance of its duties and the carrying on of its business and the enforcement of this chapter, including, but not limited to, rules which define the branches of engineering in which licensure shall be offered, clarify the qualifications needed for licensure, and set forth practice requirements.  It shall have a chairperson, a vice-chairperson, and a secretary, and a quorum shall consist of not less than six members.

The board shall keep a record of its proceedings and all applicants for licensure as engineers, architects, surveyors, or landscape architects, the date of application, name, educational and other qualifications, address, whether or not an examination was required, and whether or not the applicant was licensed and a certificate issued to the applicant and the date of the action.  The records shall be prima facie evidence of all matters therein contained. [L 1923, c 227, §3; RL 1925, §3685; am L 1933, c 40, §1; RL 1935, §7036; RL 1945, §7608; am L 1949, c 306, §3; RL 1955, §166-7; am L Sp 1959 2d, c 1, §§14, 15; am L 1961, c 184, §24; am L 1963, c 114, §§1, 3; am L 1965, c 96, §106; am L 1967, c 9, §1; HRS §464-7; am L 1970, c 85, §1; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 155, §3; gen ch 1985; am L 1988, c 226, §4; am L 1989, c 210, §9; am L 1992, c 11, §1 and c 202, §154; am L 1997, c 8, §2]

HRS §464-8

§464-8  Qualifications for licensure.  (a)  No person shall be eligible for licensure as a professional engineer unless:

(1)  The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass a written examination, prescribed by the board and designed to test the holder's knowledge, skill, and competency in the profession of engineering;

(2)  The person is the holder of a master's degree in engineering from an institution of higher education approved by the board; is a graduate of a school or college approved by the board as of satisfactory standing and has completed an engineering curriculum of four years or more; has had three years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(3)  The person is the holder of a master's degree in engineering from an institution of higher education approved by the board; has had four years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(4)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed an engineering curriculum of four years or more; has had four years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering;

(5)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed an engineering technology or arts and science curriculum of four years or more; has had eight years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering; or

(6)  The person has had twelve years of full-time lawful experience in engineering work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of engineering.

(b)  No person shall be eligible for licensure as a professional architect unless:

(1)  The person is the holder of an unexpired license in architecture issued to the person by any jurisdiction, domestic or foreign, and the person meets the requirements of this chapter and the rules of the board;

(2)  The person is the holder of a bachelor's, master's, or higher degree in architecture from a school or college approved by the board as of satisfactory standing; has had three years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

(3)  The person is a graduate of a school or college approved by the board as of satisfactory standing and has completed an architectural curriculum of four years or a pre-architecture or arts and science curriculum of four years or more; has had five years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

(4)  The person is a graduate of a community college or other technical training school approved by the board as of satisfactory standing, and has completed an architectural technology curriculum of two years or more; has had eight years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture; or

(5)  The person has had eleven years of full-time lawful experience in architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed a professional written examination, prescribed by the board and designed to test the person's knowledge, skill, and competency in the profession of architecture;

provided that those persons who qualify under paragraphs (2) through (5), as of June 30, 2000, shall be required to fulfill the requirements of the intern development program of the National Council of Architectural Registration Boards or of any similar program satisfactory to the board, and approved by the board.  For paragraph (2), the intern development program shall fulfill the experience requirement.  For paragraphs (3), (4), and (5), time participating in the intern development program shall be credited toward the experience requirement.

(c)  No person shall be eligible for licensure as a professional land surveyor unless:

(1)  (A)  The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description;

(B)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a geoscience, civil engineering, or general engineering curriculum of four years or more; has had three years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description;

(C)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a civil engineering technology (survey option) curriculum of two years or more or arts and sciences curriculum of four years or more; has had seven years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description; or

(D)  The person has had eleven years of full-time lawful experience in land surveying of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national land surveyor licensing examinations and a written, multiple-choice examination on the subject of Hawaii land matters and Hawaii land description; and

(2)  Any applicant shall certify on the application that the applicant has read, understood, and agrees to comply with the laws and rules that the board determines are required for licensure.

(d)  No person shall be eligible for licensure as a professional landscape architect unless:

(1)  The person is the holder of an unexpired license issued to the person by any jurisdiction, domestic or foreign, in which the requirements for licensure at the time the person was first licensed are of a standard satisfactory to the board; provided that if the board is in doubt as to whether the standards are satisfactory, or as to whether the holder was required to fully comply with them, it shall require that the holder successfully pass the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the holder's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(2)  The person is the holder of a master's degree in landscape architecture from an institution of higher education approved by the board; is a graduate of a school or college approved by the board as of satisfactory standing and has completed a landscape architectural curriculum of four years or more; has had two years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(3)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a landscape architectural curriculum of four years or more; has had three years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture;

(4)  The person is a graduate of a school or college approved by the board as of satisfactory standing, and has completed a pre-landscape architecture or arts and science curriculum of four years or more; has had five years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture; or

(5)  The person has had twelve years of full-time lawful experience in landscape architecture work of a character satisfactory to the board, or part-time experience which the board finds to be the equivalent thereof; and has successfully passed the national landscape architect licensing examination and a written examination, prescribed by the board designed to test the person's knowledge of the State's climatic conditions, native plants and native ecosystems, land use ordinance and special management area requirements, and cultural and historical conditions affecting landscape architecture.

(6)  The applicant shall also certify on the application that the applicant has read, understood, and agrees to comply with the laws and rules that the board determines are required for licensure.

In addition to the foregoing requirements, the board, in its discretion, may also require additional proof that the applicant is competent to practice professionally, and whenever the board is not fully satisfied from the results of an examination that any applicant is competent to practice professionally, it may give the applicant a further examination or examinations.

No person shall be eligible for licensure as a professional engineer, architect, land surveyor, or landscape architect if the person does not possess a history of honesty, truthfulness, financial integrity, and fair dealing. [L 1923, c 227, pt of §4; RL 1925, pt of §3686; am L 1931, c 165, pt of §2; RL 1935, pt of §7037; RL 1945, pt of §7609; am L 1949, c 306, pt of §4; RL 1955, §166-8; HRS §464-8; am L 1970, c 85, §1; am L 1972, c 56, §1; am L 1974, c 160, §1; am L 1983, c 155, §4; am L 1985, c 10, §1; am L 1986, c 164, §1; am L 1988, c 226, §5; am L 1989, c 210, §10; am L 1992, c 11, §2; am L 1997, c 263, §2; am L 1998, c 185, §1 and c 186, §1; am L 2001, c 135, §1]

HRS §464-9

§464-9  Applications for and certificates of licensure; renewal; fees; continuing education.  (a)  Application for licensure shall be made upon a form prescribed by the board and shall be signed by the applicant.  With each application there shall be paid to the board a nonrefundable application fee.

For each examination, or repetition thereof in whole or in part as shall be limited or permitted by the rules of the board, the candidate shall pay to the board an examination fee; provided where the candidate is eligible to take only that part of the examination pertaining to engineering fundamentals the candidate shall pay the appropriate fee.  The fee paid shall not be refundable; provided if a candidate after having paid the fee is unable for any reason beyond the candidate's control to participate in the examination, the board may extend the time of the candidate's participation to the next regular examination date and credit the candidate the amount of the fee paid.

(b)  Upon qualifying for licensure, the applicant shall pay a license fee, and upon receipt thereof by the board shall thereupon be licensed as a professional engineer, architect, land surveyor or landscape architect, and shall receive a certificate thereof from the board signed by the chairperson.  Every person licensed who, as an individual or as a member of a firm or corporation, conducts an office or other place of business for the practice of the profession shall display the original certificate in a conspicuous manner, in the principal office or place of business.

(c)  Every license expires on April 30 of each even-numbered year following its issuance and becomes invalid after that date unless renewed.  At least one month in advance of the date of expiration of the license, a notice shall be mailed to every person licensed under this section informing them of the date of expiration and the amount required for the renewal.  Licenses that have expired for failure to pay renewal fees on or before the date required in this subsection may be restored within two years of the expiration date upon payment of a fee for each renewal.  Any person who fails to restore the person's license within two years of the date of its expiration shall reapply for licensure as a new applicant and meet the requirements in effect at that time.

(d)  The board shall require continuing education to renew a license for architects effective as of the renewal date for a license expiring on April 30, 2008, and for every biennial renewal period thereafter.  All continuing education courses shall be relevant to public protection subjects and shall be approved by the board as provided in the board's rules; provided that:

(1)  Architects initially licensed in the first year of the biennium shall have completed eight continuing education credit hours;

(2)  Architects initially licensed in the second year of the biennium shall not be required to complete any continuing education credit hours;

(3)  All other architects shall have completed sixteen continuing education credit hours;

(4)  The board shall randomly audit an architect's continuing education courses, and shall establish guidelines for random audits in rules adopted in accordance with chapter 91;

(5)  An architect whose license is not renewed because of failure to comply with the continuing education requirement shall have two years from the expiration date of the license to restore the license by complying with all applicable continuing professional education requirements and paying the appropriate renewal and penalty fees.  After the two-year restoration period, the licensee shall be required to apply as a new applicant, and meet the requirements in effect at that time; and

(6)  An architect licensee shall not be subject to the continuing education requirement if the architect otherwise meets all other renewal requirements and:

(A)  Is a member of the armed forces, National Guard, or a reserve component on active duty and deployed during a state or national crisis as "state or national crisis" is defined in chapter 436B;

(B)  Is ill or disabled for a significant period of time as documented by a licensed physician, and is unable to meet the continuing education requirements of this subsection;

(C)  Can demonstrate undue hardship that prevented the licensee from meeting the continuing education requirements of this subsection; or

(D)  Is retired from the practice of architecture and is no longer performing or providing architectural services;

provided that any exemption from the continuing education requirements shall be subject to the board's approval. [L 1923, c 227, pt of §4; RL 1925, pt of §3686; am L 1927, c 225, §1; am L 1931, c 165, pt of §2; RL 1935, pt of §7037; RL 1945, pt of §7609; am L 1949, c 306, pt of §4; RL 1955, §166-9; am L 1961, c 142, §12(b), (c); am L 1965, c 243, §1; HRS §464-9; am L 1970, c 85, §1; am L 1974, c 28, §1; am L 1975, c 118, §28; am L 1983, c 155, §5; am L 1984, c 7, §71; am L 1988, c 226, §6; am L 1989, c 210, §11; am L 1992, c 202, §§155, 156; gen ch 1992; am L 1993, c 127, §1; am L 1997, c 8, §3 and c 40, §18; am L 2005, c 2, §2]

Cross References

Disposal of examination papers, see §94-5.

Professional testing services, see §26-9.

Case Notes

Failure of architect to renew registration does not warrant forfeiture of the benefits of the architect's contracts if forfeiture would be wholly out of proportion to requirements of public policy or appropriate punishment.  57 H. 124, 551 P.2d 525 (1976).

Provision for renewal not for public protection but for revenue.  57 H. 124, 551 P.2d 525 (1976).

Haw. Rev. Stat. § t28-ch501

HRS | Chapter 501 Land Court Registration

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Hawaii Revised Statutes

Title 28. Property

    Chapter 501

Land Court Registration

DIVISION 3. PROPERTY; FAMILY

TITLE 28. PROPERTY

Chapter

501 Land Court Registration

502 Bureau of Conveyances; Recording

502C Family Child Care Homes

503 Commissioners of Deeds—Repealed

503B Time Share Commissioners of Deeds

504 Federal Judgment Registration

505 Uniform Federal Tax Lien Registration Act (Modified)

506 Mortgages of Real Property or Fixtures

507 Liens

507D Nonconsensual Common Law Liens and Frivolous Financing

Statements

508 Uniform Vendor and Purchaser Risk Act

508C Uniform Environmental Covenants Act

508D Mandatory Seller Disclosures in Real Estate Transactions

509 Conveyances to Two or More

510 Community Property

511 War Emergency Agency–Repealed

512 Release of Powers

513 Property Rights–Labor Organizations

514 Horizontal Property Regimes–Repealed

514A Condominium Property Regimes

514B Condominiums

514C Lease to Fee Conversions for Condominiums and Cooperative

Housing Corporations

514E Time Sharing Plans

515 Discrimination in Real Property Transactions

516 Residential Leaseholds

516D Residential Leasehold Condominiums and Cooperatives

517 Disposition of Trust Real Property

517D Uniform Management of Institutional Funds Act–Repealed

517E Uniform Prudent Management of Institutional Funds Act

518 Covenants in Leases

519 Real Property Leases

520 Landowners’ Liability

520A Landowner’s Liability for Access to Control Invasive

Species

521 Residential Landlord-Tenant Code

522 Uniform Disclaimer of Property Interests Act–Repealed

523 Revised Uniform Disposition of Unclaimed Property

Act–Repealed

523A Unclaimed Property

524 Facilities for Elders

525 Uniform Statutory Rule Against Perpetuities

526 Uniform Disclaimer of Property Interests Act

527 Uniform Real Property Transfer on Death Act

CHAPTER 501

LAND COURT REGISTRATION

Part I. General Provisions

Section

Land Court; Personnel

501-1 Court; jurisdiction; proceedings; location; rules,

practice, etc.

501-2 Judges; assignment of cases

501-3 Sessions

501-4 Process

501-5 Repealed

501-6 Registrar and assistants; appointment, tenure,

powers, and duties

501-7 Registrar; powers, duties

501-8 Registrar may act in any circuit

501-9 Assistant registrars; powers

501-10 Registrar and assistants; oath, accounts, absence

501-11 Examiners of title; appointment, removal

501-12 Salaries and expenses

501-13 Validity of facsimile signature

Commencement of Land Registration Procedure

501-20 Definitions

501-20.5 Rules

501-21 Registration application; by whom made

501-22 Filing; memorandum to be recorded

501-23 Application, form, and contents

501-23.5 Disposition of fees received at the bureau of

conveyances

501-24 Agent for nonresident

501-25 Application may include several parcels

501-26 Amendments to application

501-27 Land bounded on way

501-28 Plans and muniments

501-29 Land subject to mortgage or lease

501-30 Additional facts

501-31 Transfers pending application; temporary record;

final record

501-32 Reference to examiner; report; election to proceed

501-33 Accretion to land

Notice after Report

501-41 Notice of application

501-42 Service; return day; further notice

501-43 Guardian ad litem; compensation

501-44 Contests not otherwise represented; duty of attorney

general; res adjudicata when

501-45 Answer intervention; surveyor to be heard when

501-46 Default; effect

Hearings and Powers

501-51 Reference to other judges or to master; maps,

reference; subdivision; costs; etc.

501-52 Powers of the court

501-53 Dismissal; effect; withdrawal, conditions

Review of Decisions and Decrees

501-61 to 63 Repealed

501-64 Enforcement of decrees; bailiff

Decrees

501-71 Decree of registration; conditional when; quieting

title, exceptions; reopened when

501-72 Types of nonabsolute title

501-73 Removing clouds on title

501-74 Decree, contents of

501-75 Transcription of decree in registry; certificate of

title

Legal Incidents of Registered Land

501-81 Legal incidents of registered land

501-82 Tenure of holder of certificate of title

501-83 Certificate effective from transcription

501-83.5 Outstanding owner’s duplicate certificates

501-84 Certificates, when two or more owners

501-85 Substitution, one certificate for several, several

for one; subdivisions, maps

501-86 Registration runs with land

501-87 No adverse possession or prescription

501-88 Certificate as evidence

501-89 Indexes, record books, etc.

Voluntary Dealing with Land after Original Registration

501-101 Voluntary dealing with registered lands

501-101.5 Agreements of sale; priority

501-102 Filing liens, etc., notice

501-103 Conveyances of less than fee simple

501-104 Reference of doubtful questions

501-105 Grantee’s address, etc., to be stated

501-106 Entry of new certificate

501-107 Entry record; duplicates and certified copies

501-108 Conveyance of fee; procedure

501-109 Portion of registered fee

501-110 Statement of encumbrances

Mortgages

501-116 Mortgage registration necessary

501-117 Procedure

501-118 Foreclosure

Leases

501-121 Leases; registration required

Trusts

501-131 Transfer in trust; procedure

501-132 Powers to be noted on certificate; construction for

court

501-133 New trustee

501-134 Trusts, implied or constructive

501-135 Application by trustee

501-136 Attachment and other liens; filing or recording of

501-137 Repealed

501-138 Discharge or modification of liens to be recorded

501-139 Assistant registrar as official recorder

501-140 Indorsement of and notices to plaintiff’s attorney

501-141 Court orders to be recorded

501-142 Mechanic’s lien

501-143 Enforcement of lien

501-144 New certificate after enforcement of lien; tax sale

Pending Actions; Judgments and Partitions; Recording

501-151 Pending actions, judgments; recording of, notice

501-152 Certificate of judgment for defendant

501-153 Certificate of judgment for plaintiff

501-154 Writ of possession, service, time limit for

registration

501-155 Judgment directing conveyance

501-156 Partition

501-157 Reregistration of mortgage or lease after partition

501-158 Notice of bankruptcy proceedings

501-159 Decree of discharge

Eminent Domain; Recording

501-166 Eminent domain; recording procedure

501-167 New certificate upon reverter of land

Descent and Devise

501-171 Registration upon transfer by descent and devise

501-172 License to sell or mortgage, not affected

501-173 Purchaser acquiring title through personal

representative may have the same registered

501-174 Power of attorney; registration necessary

Lost Duplicate Certificates

501-181 Repealed

Adverse Claims after Original Registration

501-186 Registration of adverse claims; notice; hearing;

costs

Compelling Surrender of Duplicate Certificate

501-191 Repealed

Amendment and Alteration of Certificate of Title

501-196 Alterations upon registration book prohibited

when; court hearings; limitations

Service of Notice after Registration

501-201 Service of notice after registration; how made;

effect

Fees and Actions for Recovery of Loss

501-211 Fees required for protection against loss or damage

501-212 Actions for compensation for fraud, mistake, etc.

501-213 Action, parties defendant

501-214 Judgments, how satisfied

501-215 Subrogation in favor of State

501-216 State, not liable when

501-217 Limitation of actions

501-218 Schedule of fees; authority to amend

501-219 Sale of land court maps

Penalty

501-221 Repealed

Miscellaneous Provisions

501-231 Family child care homes; permitted use in residential

Areas

501-232 Prohibition of transfer fees

Leasehold Time Share Interests

501-241 Leasehold time share interests

501-242 Status of leasehold time share interest as real

property

501-243 Dual recording involving leasehold time share

interests

501-244 Assignment of leasehold time share interest

501-245 Reference to recorded instruments pertaining to

leasehold time share interests

501-246 Legal incidents of a leasehold time share interest

501-247 Voluntary dealing with a leasehold time share interest

501-248 Jurisdiction for matters pertaining to leasehold time

share interests

Part II. Deregistration

501-261 Deregistration of fee time share interests

501-261.5 Deregistration of registered land other than

fee time share interests

501-262 Effect of deregistration

501-263 Effect of deregistration in specific cases

501-264 Chain of title of deregistered land

501-265 Status of fee time share interest and other

interest in deregistered land as real property

501-266 Dual recording involving deregistered land

501-267 Reference to prior recorded instrument

501-268 Legal incidents of deregistered land

501-269 Jurisdiction for matters pertaining to

deregistered land

Note

The $5 recording fee for deregistered land transactions is repealed on adoption of administrative rules. L 2009, c 120, §§16, 21.

Cross References

Nonconsensual common law liens, see chapter 507D.

Rules of Court

See Rules of the Land Court; applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(1), (d), (f), (g), (h).

Law Journals and Reviews

Constructive Trust: An Equitable Doctrine for Protecting and Establishing Legal Interests in Real Property. II HBJ No. 13, at pg. 121.

Case Notes

Act 73, L 2003, by declaring accreted land to be “public land” and prohibiting littoral owners from registering existing accretion under this chapter and/or quieting title under chapter 669, 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 this chapter and/or quieting title under chapter 669, 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).

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