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SB949
THE SENATE
S.B. NO.
949
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating
to Land Court
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION 1.
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The
legislature finds that the Hawaii land court has exclusive jurisdiction over
all applications for the registration of title to land easements or rights in
land held and possessed in fee simple within the State, with the power to hear
and determine all questions arising upon the applications.
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The legislature further finds that the land
court is based on the premise that the State guarantees title to the latest
holder of the transfer certificate of title.
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However, people sometimes lose the
certificates, and the land court and bureau of conveyances do not provide the
current land owner with the physical transfer certificate of title.
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Hawaii and Utah are the only states that
utilize this system.
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The legislature believes the land court
system is archaic and finds that it causes significant delays for simple
conveyances of real property.
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For
example, lawyers are delayed from conveying land among family members, and
title companies are delayed in business operations.
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Moreover, judiciary staff is increasingly
behind in day-to-day operations, including approving simple name changes in
title certificates.
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The legislature also
finds that the bureau of conveyances has a large backlog for land court even if
sent through recordation.
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Accordingly, the purpose of this Act is to establish
a working group to reform or eliminate the land court in Hawaii.
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SECTION 2.
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(a)
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There is established within
the judiciary for administrative purposes a working group to reform or
eliminate the land court.
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(b)
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The
working group shall consist of the following individuals:
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(1)
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A
member of the judiciary, to be designated by the chief justice, who shall serve
as chair of the working group;
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(2)
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A
member of the senate, to be designated by the senate president;
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(3)
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A
member of the house of representatives, to be designated by the house speaker;
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(4)
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The
chairperson of the board of land and natural resources, or the chairperson's
designee;
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(5)
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A
member of the Hawaii State Bar Association, to be designated by its president, whom
the chair shall invite to participate; and
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(6)
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A
representative from a title company doing business in Hawaii, whom the chair
shall invite to participate.
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(c)
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The
working group shall identify and analyze operational issues with the land court
and bureau of conveyances and shall make a recommendation to implement specific
reforms or eliminate the land court.
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The
working group shall submit a report of its findings and recommendations,
including any proposed legislation, to the legislature no later than twenty
days prior to the convening of the regular session of
2026.
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Working
Group; Land Court; Bureau of Conveyances; Judiciary; Department of Land and
Natural Resources
Description:
Establishes
a working group to reform or eliminate the land court in Hawaii.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.