§501-42  Service; return day; further notice.  The return day of the notice shall be not less than twenty, nor more than sixty days from the date of issue.  The court shall also, within seven days after publication of the notice in a newspaper, cause a copy of the notice to be mailed by the registrar to every person named therein whose address is known.  The court shall also cause a duly attested copy of the notice to be posted in a conspicuous place on each parcel of land included in the application, by a sheriff or other police officer, fourteen days at least before the return day thereof, and the sheriff's or police officer's return shall be conclusive proof of the service.

     If the applicant requests to have the line of a public way determined, the court shall order notice to be given by the registrar by mailing a registered letter to the attorney general, and to the mayor of the county where the land lies; and also to the corporation counsel or county attorney of the county.  If the land borders on a river, or shore, or on an arm of the sea where a river or harbor line has been established, or on a great pond, or if it otherwise appears from the application or the proceedings that the State may have a claim adverse to that of the applicant, notice shall be given in the same manner to the attorney general.

     The court may also cause other or further notice of the application to be given in such manner and to such persons as it may deem proper.  The court shall, so far as it deems it possible, require proof of actual notice to all adjoining owners and to all persons who appear to have any interest in or claim to the land included in the application.  Notice to such persons by mail shall be by registered letter.  The certificate of the registrar that the registrar has served the notice as directed by the court, by publishing or mailing, shall be filed in the case before the return day, and shall be conclusive proof of such service.

     Every copy of the notice required to be mailed, posted, or given in any manner other than by publication shall include a description of the land by metes and bounds. [L 1903, c 56, §32; RL 1925, §3221; am L 1933, c 22, §2; RL 1935, §5025; RL 1945, §12625; RL 1955, §342-26; HRS §501-42; am L 1972, c 91, §1(h); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11]

Cross References

  Publication of notice, see §1-28.5.

  Service of notice by mail, see §1-28.

Rules of Court

  Notices, see RLC rule 12.

Case Notes

  Disclaimer by attorney general barred county claim to highway when ownership of highway, if established, would have been in Territory under prior law.  29 H. 820 (1927).

  Dismissed when U.S. indispensable party.  34 H. 93 (1937).

  State has consented to be sued in land court.  48 H. 92, 96, 395 P.2d 620 (1964).  As to Territory of Hawaii, see 331 U.S. 256, 278, note 23 (1947).