reglab/housing_qa huggingface dataset:
HI Rev Stat § 507D-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|507D. Nonconsensual Common Law Liens and Frivolous Financing Statements|507D-2 Definitions.

  §507D-2 Definitions. As used in this chapter:  "Court" means any court described in the laws of the United States or any state.  "Debtor" means a person named as the debtor in a financing statement.  "Federal official or employee" means an employee of the federal government as defined for purposes of the Federal Tort Claims Act, 28 U.S.C. Sec. 2671.  "Financing statement" means a record filed under chapter 490:9.  "Frivolous" means without any basis in law or fact.  "Lien" means a recorded instrument that creates an encumbrance on or affects title or ownership of property.  "Lien claimant" means the person who executes or records or causes or materially assists in causing the lien to be prepared, executed, or recorded.  "Nonconsensual common law lien" means a lien that:  (1) Is not provided for by a specific statute;  (2) Does not depend upon, require by its terms, or call for the consent of the owner of the property affected for its existence; and  (3) Is not a court-imposed equitable or constructive lien.  "Party in interest" means any owner, title holder, mortgagee, or other person holding a recorded or perfected security interest in real or personal property.  "Registrar" means the registrar of the land court or the bureau of conveyances.  "State or county officer or employee" means:  (1) A court-appointed commissioner;  (2) An appointed or elected officer;  (3) Employee of the judiciary; or  (4) Employee of a state or county department, agency, board, authority, or commission. [L 1996, c 24, pt of §1; am L 1997, c 284, § §1, 2; am L 1998, c 37, §1; am L 2002, c 145, §1]
HI Rev Stat § 507D-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|507D. Nonconsensual Common Law Liens and Frivolous Financing Statements|507D-3 Scope of chapter.

  §507D-3 Scope of chapter. Nothing in this chapter is intended to affect:  (1) Any lien provided for by statute;  (2) Any consensual liens now or hereafter recognized under the common law of this State; or  (3) The ability of courts to impose equitable or constructive liens. [L 1996, c 24, pt of §1]
HI Rev Stat § 507D-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|507D. Nonconsensual Common Law Liens and Frivolous Financing Statements|507D-4 Contesting validity of recorded instruments; injunctions.

  §507D-4 Contesting validity of recorded instruments; injunctions. (a) Any party in interest in real or personal property which is subject to a claim of nonconsensual common law lien, who believes the claim of lien is invalid, may file a petition in the appropriate circuit court to contest the validity of that purported lien and to enjoin the lien claimant from making further filings with the registrar. The petition shall state the grounds upon which relief is requested, and shall be supported by the affidavit of the petitioner or the petitioner's attorney setting forth a concise statement of the facts upon which the petition is based. The procedure for obtaining injunctions and temporary restraining orders shall apply in cases brought under this section or section 507D-7(b).  (b) A debtor who believes the filing of a financing statement was unauthorized, may file a request with the registrar to determine the validity of the filing. Each such request shall identify the financing statement by document number and the requester shall be assessed a reasonable processing fee determined by the registrar. Upon the receipt of the request, the registrar shall send a demand to the secured party by certified or registered mail, at the address set forth on the financing statement, that the secured party provide a copy of the security agreement which purportedly authorized the filing of the financing statement to the registrar no later than thirty days following the postmarked date of the registrar's notice. If the registrar does not receive the security agreement within the thirty-day period, the registrar shall issue to the debtor and accept for filing, a notice of unauthorized filing of financing statement. The filing of a notice of unauthorized filing of financing statement shall effectively terminate the unauthorized financing statement.  (c) Subsections (a) and (b) shall not apply to any instrument that is recorded by the United States, the State, or any county. [L 1996, c 24, pt of §1; am L 1997, c 284, §3; am L 2002, c 145, §4]
HI Rev Stat § 507D-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|507D. Nonconsensual Common Law Liens and Frivolous Financing Statements|507D-5 Requirement of certified court order.

  §507D-5 Requirement of certified court order. (a) Any claim of lien against a federal, state, or county officer or employee based on the performance or nonperformance of that officer's or employee's duties shall designate in the pleading header that the claim is directed to a federal, state, or county officer or employee, and shall be invalid unless accompanied by a certified order from a state or federal court of competent jurisdiction authorizing the filing of such lien.  (b) Any claim of nonconsensual common law lien against a private party in interest shall be invalid unless accompanied by a certified order from a state or federal court of competent jurisdiction authorizing the filing of nonconsensual common law lien.  (c) The registrar shall not accept for filing a claim for nonconsensual common law lien unless the claim is accompanied by a certified state or federal court order authorizing the filing of the lien. [L 1996, c 24, pt of §1; am L 2000, c 95, §1; am L 2001, c 96, §1]
HI Rev Stat § 507D-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|507D. Nonconsensual Common Law Liens and Frivolous Financing Statements|507D-6 Filing a notice of invalid lien.

  §507D-6 Filing a notice of invalid lien. (a) If a claim of lien not in conformity with section 507D-5(a) has been accepted for filing, the registrar shall accept for filing a notice of invalid lien signed and submitted by the assistant United States attorney representing the federal agency of which the individual is an official or employee, or the attorney representing the state or county department, agency, board, authority, or commission of which the individual is an officer or employee. A copy of the notice of invalid lien shall be mailed by the government attorney to the lien claimant at his or her last known address.  (b) If a claim of nonconsensual common law lien not in conformity with section 507D-5(b) has been accepted for filing, the registrar shall accept for filing a notice of invalid lien signed and submitted by the party in interest.  (c) The registrar or registrar's assistants shall not be liable for accepting for filing either a claim of lien as described in section 507D-5 or a notice of invalid lien pursuant to this section. [L 1996, c 24, pt of §1; am L 2001, c 96, §2]
HI Rev Stat § 507D-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|507D. Nonconsensual Common Law Liens and Frivolous Financing Statements|507D-7 Expungement of invalid lien; penalties; sanctions for frivolous filings.

  §507D-7 Expungement of invalid lien; penalties; sanctions for frivolous filings. (a) If the circuit court finds the purported lien invalid, it shall order the registrar to expunge the instrument purporting to create it, and order the lien claimant to pay actual damages, costs of suit, and reasonable attorneys' fees. This order shall be presented to the registrar for recordation and shall have the effect of voiding the lien from its inception. If the circuit court finds the purported lien is frivolous, the prevailing party in any action brought under section 507D-4 shall be awarded costs of suit, reasonable attorneys' fees, and either actual damages or $5,000, whichever is greater. The foregoing award shall be made in the form of a joint and several judgment issued in favor of the prevailing party and against each lien claimant and also against each person who owns or controls the activities of the lien claimant if the lien claimant is not a natural person.  (b) If the circuit court finds the purported lien is frivolous, upon application of a party in interest, the registrar, or the government counsel representing the government officer or employee affected by the purported lien, the court may also issue appropriate injunctive relief against the lien claimant to preclude further filings of any kind with the registrar for a period of five years, unless that person obtains leave of court to file another instrument with the registrar. The order shall be enforced in the manner for enforcement of injunctions. This order may be presented to the registrar for recordation. Proceedings under this subsection shall not preclude a person from proceeding under subsection (a) or section 507D-4 and recovering damages, penalties, costs, and attorneys' fees.  (c) Any person who knowingly submits for filing an invalid court order in support of a nonconsensual common law lien against a federal, state, or county officer or employee, shall be guilty of tampering with a government record under section 710-1017.  (d) Nothing in this chapter shall inhibit or preclude any party in interest from seeking any other common law, statutory, or other equitable remedy. [L 1996, c 24, pt of §1; am L 1997, c 284, §4; am L 2000, c 95, §2]
HI Rev Stat § 508-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508. Uniform Vendor and Purchaser Risk Act|508-1 Risk of loss.

  §508-1 Risk of loss. Any contract made in this State after April 25, 1941 for the purchase and sale of realty shall be interpreted as including an agreement that the parties shall have the following rights and duties, unless the contract expressly provides otherwise:  (1) If, when neither the legal title nor the possession of the subject matter of the contract has been transferred, all or a material part thereof is destroyed without fault of the purchaser or is taken by eminent domain, the vendor cannot enforce the contract, and the purchaser is entitled to recover any portion of the price that the purchaser has paid;  (2) If, when either the legal title or the possession of the subject matter of the contract has been transferred, all or any part thereof is destroyed without fault of the vendor or is taken by eminent domain, the purchaser is not thereby relieved from a duty to pay the price, nor is the purchaser entitled to recover any portion thereof that the purchaser has paid. [L 1941, c 109, §1; RL 1945, §9281; RL 1955, §203-1; HRS §508-1; gen ch 1985]
HI Rev Stat § 508C-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-1 Short title.

 §508C-1 Short title. This chapter may be cited as the Uniform Environmental Covenants Act. [L 2006, c 279, pt of §2]
HI Rev Stat § 508C-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-2 Definitions.

  §508C-2 Definitions. As used in this chapter, unless the context otherwise requires:  "Activity or use limitations" means restrictions or obligations created under this chapter with respect to real property.  "Agency" means the department of health or any other state or federal agency that determines or approves the environmental response project pursuant to which the environmental covenant is created.  "Common interest community" means a condominium property regime, cooperative, planned community association, or other community with respect to which a person, by virtue of the person's ownership of a parcel of real property within the community is obligated to pay property taxes or insurance premiums, or fees for maintenance or improvement of other real property described in a recorded covenant that creates the common interest community.  "Department" means the department of health.  "Director" means the director of health.  "Environmental covenant" means a servitude arising under an environmental response project that imposes activity and use limitations.  "Environmental response project" means a plan or work performed for environmental remediation of real property and conducted:  (1) Under a federal or state program governing environmental remediation of real property, including chapter 128D;  (2) Incident to closure of a solid or hazardous waste management unit; provided that the closure is conducted with approval of an agency; or  (3) Under the state voluntary response program authorized in part II of chapter 128D.   "Holder" means a grantee of an environmental covenant as specified in section 508C-3(a) who, by virtue of the covenant, holds an interest in the real property subject to the covenant, and who accepts certain rights and obligations as stated in the covenant.  "Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, governmental subdivision, agency, instrumentality, or any other legal or commercial entity.  "Record" means information that is inscribed on a tangible medium or that is stored in any medium and is retrievable in perceivable form.  "State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. [L 2006, c 279, pt of §2]
HI Rev Stat § 508C-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-3 Nature of rights; subordination of interests.

 §508C-3 Nature of rights; subordination of interests. (a) Any person, the agency, or a county may be a holder. An environmental covenant may identify more than one holder. The interest of a holder shall be an interest in real property.  (b) A right of an agency under this chapter or under an environmental covenant, other than a right as a holder, shall not be an interest in real property.  (c) An agency shall be bound by any obligation the agency assumes in an environmental covenant; provided that an agency shall not assume obligations merely by signing an environmental covenant. Any other person that signs an environmental covenant shall be bound by the obligations the person assumes in the covenant; provided that signing the covenant shall not change obligations, rights, or protections granted or imposed under law other than this chapter except as provided in the covenant.  (d) The following rules apply to interests in real property in existence at the time an environmental covenant covering that real property is created or amended:  (1) An interest that has priority under other law shall not be affected by an environmental covenant, unless the person that owns the interest subordinates that interest to the covenant;  (2) A person that owns a prior interest shall not be required to subordinate that interest to an environmental covenant or to agree to be bound by the covenant;  (3) A subordination agreement may be contained in an environmental covenant covering real property or in a separate record. If the environmental covenant covers commonly-owned property in a common interest community, the record may be signed by any person authorized by the governing board of the common interest community; and  (4) An agreement by a person to subordinate a prior interest to an environmental covenant shall affect the priority of that person's interest; provided that it shall not by itself impose any affirmative obligation on the person with respect to the environmental covenant. [L 2006, c 279, pt of §2]
HI Rev Stat § 508C-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-4 Contents of environmental covenant.

  §508C-4 Contents of environmental covenant. (a) An environmental covenant shall:  (1) State that the instrument is an environmental covenant executed pursuant to this chapter;  (2) Contain a legally sufficient description of the real property subject to the covenant;  (3) Describe the activity and use limitations on the real property;  (4) Include at least one holder to be effective;  (5) Identify every holder;  (6) Be signed by the agency, every holder, and unless waived by the agency, every owner of the fee simple interest of the real property subject to the covenant; and  (7) Identify the name and location of any administrative record for the environmental response project reflected in the environmental covenant.  (b) In addition to the information required by subsection (a), an environmental covenant may contain other information, restrictions, and requirements agreed to by the persons who signed it, including:  (1) Requirements for notice:  (A) Following transfer of a specified interest in;  (B) Concerning proposed changes in use of;  (C) Of applications for building permits for; or  (D) Of proposals for any site work affecting the contamination on,  the property subject to the covenant;  (2) Requirements for periodic reporting describing compliance with the covenant;  (3) Rights of access to the property granted in connection with implementation or enforcement of the covenant;  (4) A brief narrative description of the contamination and remedy, including the contaminants of concern, the pathways of exposure, limits on exposure, and the location and extent of the contamination;  (5) Limitation on amendment or termination of the covenant in addition to those contained in sections 508C-9 and 508C-10; and  (6) Rights of the holder in addition to the right to enforce the covenant pursuant to section 508C-11.  (c) In addition to other conditions for its approval of an environmental covenant, the agency may require the persons specified by the agency who have interests in the real property to sign the covenant. [L 2006, c 279, pt of §2]
HI Rev Stat § 508C-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-5 Validity; effect on other instruments.

 §508C-5 Validity; effect on other instruments. (a) An environmental covenant that complies with this chapter shall run with the land.  (b) An environmental covenant that is otherwise effective shall be valid and enforceable even if:  (1) It is not appurtenant to an interest in real property;  (2) It can be or has been assigned to a person other than the original holder;  (3) It is not of a character that has been recognized traditionally at common law;  (4) It imposes a negative burden;  (5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;  (6) The benefit or burden does not touch or concern real property;  (7) There is no privity of estate or contract;  (8) The holder dies, ceases to exist, resigns, or is replaced; or  (9) The owner of an interest subject to the environmental covenant and the holder are the same person.  (c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity or use limitations except for the fact that the instrument was recorded before July 6, 2006, shall not be invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b), or because it was identified as an easement, servitude, deed restriction, or other interest. This chapter shall not apply in any other respect to such an instrument.  (d) This chapter shall not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest that is otherwise enforceable under the law of this State. [L 2006, c 279, pt of §2] Revision Note  "July 6, 2006," substituted for "the effective date of this chapter".
HI Rev Stat § 508C-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-6 Relationship to other land use law.

 §508C-6 Relationship to other land use law. This chapter shall not authorize a use of real property that is otherwise prohibited by zoning, by law other than this chapter regulating use of real property, or by a recorded instrument that has priority over the environmental covenant. An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this chapter. [L 2006, c 279, pt of §2]
HI Rev Stat § 508C-7 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-7 Notice.

 §508C-7 Notice. (a) A copy of an environmental covenant shall be provided by the person determined by the agency and in the manner required by the agency to:  (1) Each person that signed the covenant;  (2) Each person holding a recorded interest in the real property subject to the covenant;  (3) Each person in possession of the real property subject to the covenant;  (4) Each county or other subdivision of county government in which real property subject to the covenant is located; and  (5) Any other person the agency determines should receive notice.  (b) The validity of a covenant shall not be affected by failure to provide a copy of the covenant as required under this section. [L 2006, c 279, pt of §2]
HI Rev Stat § 508C-8 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-8 Recording.

 §508C-8 Recording. (a) An environmental covenant and any amendment or termination of the covenant shall be recorded by the grantor of the covenant with the registrar of conveyances. For purposes of indexing, a holder shall be treated as a grantee.  (b) Except as otherwise provided in section 508C-9(c), an environmental covenant is subject to the laws of this State governing recording and priority of interests in real property.  (c) A holder shall provide a copy of the final recorded covenant, any amendment made to the covenant, any termination documentation, and documentation of any other matters related to the covenant to the department of health. [L 2006, c 279, pt of §2]
HI Rev Stat § 508C-9 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|508C. Uniform Environmental Covenants Act|508C-9 Duration; amendment by court action.

 §508C-9 Duration; amendment by court action. (a) An environmental covenant shall be considered perpetual unless it is:  (1) By its terms limited to a specific duration or terminated by the occurrence of a specific event;  (2) Terminated by consent pursuant to section 508C-10;  (3) Terminated pursuant to subsection (b);  (4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or  (5) Terminated or modified in an eminent domain proceeding; provided that:  (A) The agency that signed the covenant is a party to the proceeding;  (B) All persons identified in section 508C-10(a) and (b) are given notice of the pendency of the proceeding; and  (C) The court determines, after hearing, that the termination or modification will not adversely affect human health or the environment.  (b) If the agency that signed an environmental covenant determines that the intended benefits of the covenant can no longer be realized, [an] environmental court, under the doctrine of changed circumstances, in an action in which all persons identified in section 508C-10(a) and (b) have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant. The agency's determination or its failure to make a determination upon request is subject to review pursuant to chapter 91.  (c) Except as otherwise provided in subsections (a) and (b), an environmental covenant shall not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrines of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine. [L 2006, c 279, pt of §2; am L 2014, c 218, §8] Note  The amendment made to the section heading and subsection (a) by L 2014, c 218, §8 is not included in this section.