CHAPTER 669

QUIETING TITLE

        Part I.  General Provisions

Section

     669-1 Object of action

     669-2 Defendants; unknown persons

     669-3 Notice by publication or registered mail

   669-3.5 Trial when legal title in controversy

    669-4, 5 Repealed

     669-6 Disclaimer, default, no costs

     669-7 Repealed

     669-8 Recording of judgment

        Part II.  Structure Position Discrepancies

    669-11 De minimis structure position discrepancies,

           defined

    669-12 Consequences

    669-13 Restrictions as to owner of property

Rules of Court

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

Case Notes

  Act 73, L 2003, by declaring accreted land to be "public land" and prohibiting littoral owners from registering existing accretion under chapter 501 and/or quieting title under this chapter, permanently divested a littoral owner of his or her ownership rights to any existing accretions to oceanfront property that were unregistered or unrecorded as of the effective date of Act 73 or for which no application for registration or petition to quiet title was pending; thus, Act 73 effectuated a permanent taking of such accreted lands without just compensation in violation of article I, §20 of the Hawaii constitution.  122 H. 34 (App.), 222 P.3d 441 (2009).

  Act 73, L 2003, by declaring accreted land to be "public land" and prohibiting littoral owners from registering future accretion under chapter 501 and/or quieting title under this chapter, did not effectuate a taking of future accreted lands without just compensation in violation of article I, §20 of the Hawaii constitution where plaintiffs had no vested right to future accretions to their oceanfront land that may never materialize.  122 H. 34 (App.), 222 P.3d 441 (2009).