reglab/housing_qa huggingface dataset:
HI Rev Stat § 523A-55 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-55 Agreement for State's payment of share of costs.

  §523A-55 Agreement for State's payment of share of costs. The director is authorized to enter into agreements establishing the time and manner for paying the State's proportionate share of any actual and necessary cost incurred by the United States in examining its records and reporting information to the State. Said agreements may provide for single payments at stated times over a period of years. The director shall make all payments at the time and in the manner provided in said agreements. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-56 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-56 Posting copy of report; notice of interest and intention to claim; determination of asserted interest.

  §523A-56 Posting copy of report; notice of interest and intention to claim; determination of asserted interest. (a) When a report is received from the Comptroller General or other proper officer of the United States, the director shall give the notice described in subsection (b) not later than May 1 of the year immediately following the report required by section 523A-54, at least once statewide.  (b) The public notice shall contain:  (1) The names in alphabetical order and last known address, if any, of any person listed in the report with property valued greater than $100;  (2) A statement identifying the location of a list of names and last known addresses, if any, of persons appearing to be owners of abandoned property; and stating that this list shall be made available as a government record; and  (3) A statement that information concerning the property and the name and last known address of the holder may be obtained by any person possessing an interest in the property by addressing an inquiry to the director.  (c) The director shall not be required to list in the notice any items of less than $50 unless the director considers the notice to be in the public interest. Any person asserting an interest in property described in the report may elect to claim against the United States, under the laws of the United States, in which event and within ninety days following the date of initial public notice the person shall notify the director of the person's asserted interest and intention to so claim. The director shall omit the property from any claim by the State until the asserted interest may be finally determined against the claimant. The interest shall not thereafter be asserted against the State. [L 1988, c 93, pt of §2; am L 1996, c 214, §8; am L 1998, c 2, §109]
HI Rev Stat § 523A-57 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-57 State's right unaffected by expiration of time for proceeding.

  §523A-57 State's right unaffected by expiration of time for proceeding. The expiration of any period of time specified by statute or court order, during which an action or proceeding may be commenced or enforced to obtain payment of a claim for funds or delivery of property shall not affect the right of this State to acquire possession of unclaimed property in accordance with the provisions of this part. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-59 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-59 Notice of proceedings.

  §523A-59 Notice of proceedings. (a) Commencing within five days after the filing of the petition, notice of the proceeding shall be published once each week for three consecutive weeks in a newspaper of general circulation published within the city and county of Honolulu. At the time the notice is first published, a copy of the petition and notice shall be posted at the courthouse in the county where each respondent was last known or presumed to have had an address. Such petition and such notice shall remain posted for forty-five days.  (b) The notice of proceeding shall advise that the State seeks custody of unclaimed property held by the United States. The names but not the addresses of the respondents shall be contained in the notice with a statement that such persons are believed to live or to have lived within the State and are believed to be or to have been owners of the unclaimed property. The notice shall not contain a description of the unclaimed property but shall advise that such description together with the last known or presumed addresses of owners may be determined by examining the petition filed in the proceeding. The petition and its place of filing shall be sufficiently identified and described. The notice shall specify when answers to the petition must be filed and advise that persons claiming an interest must answer the petition within the time prescribed by law if they elect to pursue their claims against the United States, otherwise their rights to property shall not be preserved, subject to delayed delivery as provided by law. The notice shall advise that section 523A-60 should be consulted for the time, form, and costs of any answer.  (c) The notice shall be deemed completed forty-five days after the date of first publication, whereupon the court shall have full and complete jurisdiction over the property described in the petition and not claimed within the time or in the manner provided in section 523A-61, and shall have full and complete jurisdiction to determine the right of the State to custody and to render an appropriate judgment therefor.  (d) The notice shall be served by first class mail, together with a copy of the petition, on the clerk, registrar, or other person in charge of the federal agency, department, instrumentality, or corporation having possession, custody, or control of such property, together with a statement that no personal claim is made against such clerk, registrar, or other person. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-60 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-60 Answer; disposition of funds on deposit; dismissal without prejudice.

  §523A-60 Answer; disposition of funds on deposit; dismissal without prejudice. Any person, whether or not named in the petition, may within fifteen days but not more than sixty days after the date of the first publication of the notice respond to the petition by answer describing the property, asserting an interest as owner or successor, and declaring an intention to claim the same from the United States under the laws of the United States. Such answer shall not be filed unless accompanied by the sum of $50, and no other answer or response shall be filed by or on behalf of a claimant. The court shall strike from the petition and dismiss from the proceeding all property described in an answer. Such dismissal shall be without prejudice to a subsequent petition should it appear that the claimant is not entitled to the property, and the interest asserted in said answer shall not thereafter be asserted against the State. The funds deposited with any answer shall be transmitted by the court to the director and shall be received for deposit in the general fund as total reimbursement for costs and services expended on behalf of the claimant. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-61 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-61 Application for judgment relating to property not claimed by answer, and finding and declaration thereon.

  §523A-61 Application for judgment relating to property not claimed by answer, and finding and declaration thereon. Within twenty days following expiration of time for filing an answer under section 523A-60, the attorney general shall apply to the court for a judgment relating to all property set forth in the petition and not claimed by answer. The court shall find that such property appears to be or to have been owned by persons residing within this State and remains unclaimed by such persons. The court shall declare that the property, which shall be described, is subject to custody of the State and shall be delivered to and received by the State to be retained until such time as it may be claimed pursuant to law. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-62 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-62 Request for delivery or payment of unclaimed property described in judgment; receipts.

  §523A-62 Request for delivery or payment of unclaimed property described in judgment; receipts. The director of finance shall request delivery or payment of all unclaimed property described in the judgment declaring the right of the State to receive custody of such property. The request shall be accompanied by a certified copy of said judgment and shall be directed to such officer, agency, or department of the United States as may have custody, possession or control of such property. The director shall furnish receipts for all property delivered or paid. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-63 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-63 Disposition of property received.

  §523A-63 Disposition of property received. Property received under this part shall be deposited or sold by the director as though received under part I of this chapter. Property received under this part shall not be subject to claim within two years following the date upon which it is paid to or received by the State. Thereafter, persons claiming an interest in the unclaimed property delivered to the State pursuant to this part shall make their claims in the manner provided in part I of this chapter. [L 1988, c 93, pt of §2] Note  The amendment made by L 2008, c 55, §2 is not included in this section.
HI Rev Stat § 523A-64 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-64 Undertaking to hold the United States harmless; intervention by state attorney general.

  §523A-64 Undertaking to hold the United States harmless; intervention by state attorney general. (a) Upon the payment and delivery of property to the director, the State assumes custody and responsibility for the safekeeping of the property. An officer, department or agency of the United States who pays or delivers property to the director in good faith is relieved of all liability to the extent of the value of the property paid or delivered for any claim then existing or which thereafter may arise or be made in respect to such property.  (b) The State hereby undertakes to hold the United States harmless against any claim concerning property delivered to the custody of the State in accordance with the provisions of this part. In the event an action or proceeding on such claim is brought against the United States the attorney general shall intervene therein upon receipt of actual notice thereof. The State consents to suit by such claimant in such event and any defense in favor of the United States shall be available to and urged by the State.  (c) If an officer, department, or agency of the United States pays or delivers property to the director in good faith and thereafter another person claims the property from such officer, department, or agency, or another state claims the property under its laws relating to escheat or abandoned or unclaimed property, the director, upon written notice of the claim, shall defend such officer, department, or agency against the claim and indemnify such officer, department, or agency against any liability on the claim.  (d) For the purposes of this section "good faith" means that:  (1) Payment or delivery was made in a reasonable attempt to comply with this part; and  (2) The person paying or delivering the property had a reasonable basis for believing, based on the facts then known to the person, that the property was abandoned or unclaimed for the purposes of this part.  (e) If, and as often as may be, required by federal statute, the governor shall certify to the Comptroller General or other proper officer of the United States that the law of this State provides effective means whereby the United States shall be held harmless in the event of claim for property delivered to this State in accordance with the provisions of this part. [L 1988, c 93, pt of §2]
HI Rev Stat § 523A-65 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|523A. Unclaimed Property|523A-65 State rights not affected.

  §523A-65 State rights not affected. (a) Notwithstanding any other provision of law, the right of the State to maintain an action and to recover presumptively abandoned property and the obligation of the federal government, or any federal agency, entity, officer, or appointee thereof, to comply with the requirements contained in [part I of this chapter] and sections 523A-51 to 523A-64 shall not be affected by any state failure to adhere to sections 523A-54 to 523A-64.  (b) Subsection (a) shall apply to all property held at the time of enactment, or at any time thereafter, regardless of when the property became or becomes presumptively abandoned. [L 1990, c 31, §2; am L 2008, c 55, §3]
HI Rev Stat § 524-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|524. Facilities for Elders|524-1 Definitions.

  §524-1 Definitions. As used in this chapter:  "Facility" means a multi-unit residential building, including all operations associated therewith, used for retirement purposes in which living units are leased for a term to last for the lifetime of the lessee and the lessee's surviving spouse, where the living unit is used as a residence by the lessee and the lessee's surviving spouse, and where the living unit reverts back to the lessor upon the death of the lessee and the lessee's surviving spouse.  "Lessee" means the person or persons leasing a living unit in a facility. [L 1979, c 2, pt of §2] Revision Note  Numeric designations deleted pursuant to §23G-15.
HI Rev Stat § 524-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|524. Facilities for Elders|524-2 Facility advisory body.

  §524-2 Facility advisory body. The board of directors or other governing body of each facility shall create an advisory body composed of residents of the State, and at least two members, or twenty-five per cent, whichever is greater, shall be lessees of the facility. At least one lessee member of the facility shall be a member of any committee or subcommittee of the advisory body.  The governing body of the facility shall organize the advisory body and shall appoint the facility lessee members from a list submitted by the lessees of the facility, comprised of at least two names for every position available for lessee members on the advisory body. The advisory body shall thereafter organize itself and shall make rules and bylaws as may be necessary for it to function, provided the rules and bylaws are consistent with the directives of the facility governing body.  The advisory body shall submit recommendations concerning the operation and management of the facility in writing to the facility governing body for its consideration. [L 1979, c 2, pt of §2]
HI Rev Stat § 525-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|525. Uniform Statutory Rule Against Perpetuities|525-1 Statutory rule against perpetuities.

  §525-1 Statutory rule against perpetuities. (a) A nonvested property interest is invalid unless:  (1) When the interest is created, it is certain to vest or terminate no later than twenty-one years after the death of an individual then alive; or  (2) The interest either vests or terminates within ninety years after its creation.  (b) A general power of appointment not presently exercisable because of a condition precedent is invalid unless:  (1) When the power is created, the condition precedent is certain to be satisfied or becomes impossible to satisfy no later than twenty-one years after the death of an individual then alive; or  (2) The condition precedent either is satisfied or becomes impossible to satisfy within ninety years after its creation.  (c) A nongeneral power of appointment or a general testamentary power of appointment is invalid unless:  (1) When the power is created, it is certain to be irrevocably exercised or otherwise to terminate no later than twenty-one years after the death of an individual then alive; or  (2) The power is irrevocably exercised or otherwise terminates within ninety years after its creation.  (d) In determining whether a nonvested property interest or a power of appointment is valid under subsection (a)(1), (b)(1), or (c)(1), the possibility that a child will be born to an individual after the individual's death is disregarded.  (e) If, in measuring a period from the creation of a trust or other property arrangement, language in a governing instrument either seeks to disallow the vesting or termination of any interest or trust beyond, seeks to postpone the vesting or termination of any interest or trust until, or seeks to operate in effect in any similar fashion upon, the later of:  (1) The expiration of a period of time not exceeding twenty-one years after the death of the survivor of specified lives in being at the creation of the trust or other property arrangement; or  (2) The expiration of a period of time that exceeds or might exceed twenty-one years after the death of the survivor of lives in being at the creation of the trust or other property arrangement; that language is inoperative to the extent it produces a period of time that exceeds twenty-one years after the death of the survivor of the specified lives. [L 1992, c 262, pt of §2]
HI Rev Stat § 525-2 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|525. Uniform Statutory Rule Against Perpetuities|525-2 When nonvested property interest or power of appointment created.

  §525-2 When nonvested property interest or power of appointment created. (a) Except as provided in subsections (b) and (c) and in section 525-5(a), the time of creation of a nonvested property interest or a power of appointment is determined under general principles of property law.  (b) For the purposes of this chapter, if there is a person who alone can exercise a power created by a governing instrument to become the unqualified beneficial owner of a nonvested property interest or a property interest subject to a power of appointment described in section 525-1(b) or (c), the nonvested property interest or power of appointment is created when the power to become the unqualified beneficial owner terminates. For the purposes of this chapter, a joint power with respect to community property under chapter 510 held by individuals married to each other is a power exercisable by one person alone.  (c) For the purposes of this chapter, a nonvested property interest or a power of appointment arising from a transfer of property to a previously funded trust or other existing property arrangement is created when the nonvested property interest or power of appointment in the original contribution was created. [L 1992, c 262, pt of §2] Revision Note  In subsection (a), section "525-5(a)" substituted for "525-4(a)".
HI Rev Stat § 525-3 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|525. Uniform Statutory Rule Against Perpetuities|525-3 Reformation.

  §525-3 Reformation. Upon the petition of an interested person, a court shall reform a disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the ninety years allowed by section 525-1(a)(2), (b)(2), or (c)(2) if:  (1) A nonvested property interest or a power of appointment becomes invalid under section 525-1;  (2) A class gift is not but might become invalid under section 525-1 and the time has arrived when the share of any class member is to take effect in possession or enjoyment; or  (3) A nonvested property interest that is not validated by section 525-1(a)(1) can vest but not within ninety years after its creation. [L 1992, c 262, pt of §2]
HI Rev Stat § 525-4 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|525. Uniform Statutory Rule Against Perpetuities|525-4 Exclusions from statutory rule against perpetuities.

  §525-4 Exclusions from statutory rule against perpetuities. Section 525-1 shall not apply to:  (1) A fiduciary's power to sell, lease, or mortgage property, and the power of a fiduciary to determine principal and income;  (2) A discretionary power of a trustee to distribute principal before termination of a trust;  (3) A nonvested property interest held by a charity, government, or governmental agency or subdivision, if the nonvested property interest is preceded by an interest held by another charity, government, or governmental agency or subdivision;  (4) A property interest in or a power of appointment with respect to a pension, profit-sharing, stock bonus, health, disability, death benefit, income deferral, or other current or deferred benefit plan for one or more employees, independent contractors, or their beneficiaries or spouses;  (5) A property interest, power of appointment, or arrangement that was not subject to the common-law rule against perpetuities or is excluded by any other applicable law; or  (6) A trust described in chapter 554G. [L 1992, c 262, pt of §2; am L 2010, c 182, §3]
HI Rev Stat § 525-5 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|525. Uniform Statutory Rule Against Perpetuities|525-5 Prospective application.

  §525-5 Prospective application. (a) Except as extended by subsection (b), this chapter applies to a nonvested property interest or a power of appointment that is created on or after June 18, 1992. For the purposes of this section, a nonvested property interest or a power of appointment created by the exercise of a power of appointment is created when the power is irrevocably exercised or when a revocable exercise becomes irrevocable.  (b) If a nonvested property interest or a power of appointment was created before June 18, 1992 and is determined in a judicial proceeding, commenced on or after June 18, 1992, to violate this State's common law rule against perpetuities as that rule existed before June 18, 1992, a court upon the petition of an interested person may reform the disposition in the manner that most closely approximates the transferor's manifested plan of distribution and is within the limits of the rule against perpetuities applicable when the nonvested property interest or power of appointment was created. [L 1992, c 262, pt of §2] Revision Note  "June 18, 1992" substituted for "the effective date of this chapter".
HI Rev Stat § 525-6 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|525. Uniform Statutory Rule Against Perpetuities|525-6 Short title.

  §525-6 Short title. This chapter may be cited as the "Uniform Statutory Rule Against Perpetuities". [L 1992, c 262, pt of §2]
HI Rev Stat § 526-1 (2021)
2021 Hawaii Revised Statutes|Title 28. Property|526. Uniform Disclaimer of Property Interests Act|526-1 Short title.

  §526-1 Short title. This chapter may be cited as the "Uniform Disclaimer of Property Interests Act (1999)". [L 2000, c 43, pt of §1]