reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-11 Statute of limitations.

§663E-11 Statute of limitations.
(a) A claim under this chapter may not be brought against a person more than four years after that person participated in the illegal drug market.
(b) The limitation period provided for in this chapter is tolled during any time there is a criminal drug offense investigation conducted against the defendant by a governmental agency or there is a criminal drug offense charge, information, or indictment pending against defendant. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663E. Drug Dealer Liability › 663E-12 Stay of action.

§663E-12 Stay of action.
On motion by a governmental agency involved in a drug investigation or prosecution, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. [L 2004, c 44, pt of §13]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663J. Liability for Coercion into Prostitution › 663J-1 Title.

§663J-1 Title.
This chapter may be cited as the Sex Trafficking and Prostitution Coercion Liability Act. [L 1999, c 203, pt of §2; am L 2016, c 206, §3]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663J. Liability for Coercion into Prostitution › 663J-2 Definitions.

§663J-2 Definitions.
As used in this chapter:
"Coerce" means to use or threaten to use any form of domination, restraint, or control for the purpose of causing an individual to engage in or remain in prostitution or to relinquish earnings derived from prostitution. Coercion exists if the totality of the circumstances establish the existence of domination, restraint, or control that would have the reasonably foreseeable effect of causing an individual to engage in or remain in prostitution or to relinquish earnings derived from prostitution.
"Promoting prostitution" means promoting prostitution as provided in section 712-1203.
"Prostitution" has the same meaning as provided in section 712-1200.
"Sex trafficking" has the same meaning as provided in section 712-1202. [L 1999, c 203, pt of §2; am L 2016, c 206, §4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663J. Liability for Coercion into Prostitution › 663J-3 Cause of action for coercion into prostitution or sex trafficking.

§663J-3 Cause of action for coercion into prostitution or sex trafficking.
An individual has a cause of action against a person who:
(1) Coerced the individual into prostitution or to remain in prostitution, or subjected the individual to sex trafficking;
(2) Used coercion to collect or receive any of the individual's earnings derived from prostitution or from being the subject of sex trafficking; or
(3) Hired, or attempted to hire the individual to engage in prostitution, when a reasonable person would believe that the individual was coerced into prostitution by another person or was being subjected to sex trafficking. [L 1999, c 203, pt of §2; am L 2016, c 206, §5]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663J. Liability for Coercion into Prostitution › 663J-4 Evidence.

§663J-4 Evidence.
Acts that may serve as evidence in support of a claim under section 663J-3 include but are not limited to:
(1) Physical force or threats of physical force;
(2) Physical or mental torture;
(3) Leading an individual to believe that the individual will be protected from violence or arrest;
(4) Kidnapping;
(5) Blackmail;
(6) Extortion;
(7) Threat of criminal prosecution for any violation of the law;
(8) Threat of interference with parental rights;
(9) Restriction or interference with speech or communication with others;
(10) Isolation;
(11) Exploitation of pornographic performance;
(12) Interference with opportunities for education;
(13) Destroying property of the individual;
(14) Restriction of movement; or
(15) In the case of a person coerced while a minor:
(A) Exploiting needs for food, shelter, safety, affection, or intimate relationship;
(B) Exploiting a condition of developmental disability, cognitive limitation, affective disorder, or substance dependency;
(C) Promise of legal benefit, such as posting bail, procuring an attorney, protecting from arrest, or promising unionization;
(D) Promise of financial rewards; or
(E) Defining the terms of an individual's employment or working conditions in a manner that is likely to lead to the individual's use in prostitution. [L 1999, c 203, pt of §2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663J. Liability for Coercion into Prostitution › 663J-5 Damages.

§663J-5 Damages.
An individual entitled to bring an action under section 663J-3 may recover all of the following damages:
(1) Economic damages proximately caused by coercion into prostitution or being the subject of sex trafficking;
(2) Noneconomic damages proximately caused by coercion into prostitution or being the subject of sex trafficking;
(3) Exemplary damages;
(4) Reasonable attorney's fees; and
(5) Costs of suit, including reasonable expenses for expert testimony. [L 1999, c 203, pt of §2; am L 2016, c 206, §6]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663J. Liability for Coercion into Prostitution › 663J-6 Joinder of parties.

§663J-6 Joinder of parties.
(a) In the discretion of the court, two or more individuals may join in one action under this chapter as plaintiffs if their respective actions involve a person who engages in promoting prostitution by coercion or subjecting the individuals to sex trafficking.
(b) In the discretion of the court, two or more persons may be joined in one action under this chapter as defendants if those persons may be liable to at least one plaintiff. [L 1999, c 203, pt of §2; am L 2016, c 206, §7]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663J. Liability for Coercion into Prostitution › 663J-7 Statute of limitations.

§663J-7 Statute of limitations.
(a) A claim under this chapter may not be brought against a person more than six years after an act of promoting prostitution by coercion or sex trafficking by that person.
(b) The limitation period provided for in this chapter is tolled:
(1) During the minority of the individual who engages in prostitution; or
(2) Any time there is a criminal offense investigation being actively conducted against the defendant by a governmental agency or there is a criminal offense charge, information, or indictment pending against the defendant. [L 1999, c 203, pt of §2; am L 2013, c 247, §2; am L 2016, c 206, §8]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663J. Liability for Coercion into Prostitution › 663J-8 Stay of action.

§663J-8 Stay of action.
On motion by a governmental agency involved in an investigation or prosecution for promoting prostitution or sex trafficking, an action brought under this chapter shall be stayed until the completion of the criminal investigation or prosecution that gave rise to the motion for a stay of the action. [L 1999, c 203, pt of §2; am L 2016, c 206, §9]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 663J. Liability for Coercion into Prostitution › 663J-9 Other remedies preserved.

§663J-9 Other remedies preserved.
The remedies provided under this chapter do not restrict the right of any individual to bring an action under other law, including common law, to recover damages arising out of the use of the individual in prostitution, or subjecting the individual to sex trafficking, or the coercion incident to the individual being used in prostitution or sex trafficking; nor does this chapter limit or restrict the liability of any person under other law. [L 1999, c 203, pt of §2; am L 2016, c 206, §10]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-1 Judges as commissioners.

§664-1 Judges as commissioners.
The circuit judges of the second, third, and fifth judicial circuits of the State for their respective circuits, and the judge of the land court, for the first judicial circuit, sitting without a jury, shall act as commissioners of boundaries. [L 1894-5, c 14, §1; RL 1925, §552; am L 1932 2d, c 8, §1; RL 1935, §3660; am imp L 1943, c 141; RL 1945, §10201; RL 1955, §234-1; HRS §664-1; am L 1972, c 90, §6(a)]
Note
By §73(c) of the Organic Act laws relating to settlement of boundaries were continued in force until Congress should otherwise provide. Continued in effect on admission of the State by Const. art. XVIII, §9.
Case Notes
Cited: 17 H. 539, 543 (1906); 35 H. 608, 658 (1940).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-2 Commissioners to keep record.

§664-2 Commissioners to keep record.
Each commissioner of boundaries shall keep a record of the commissioner's proceedings in books, to be furnished the commissioner by the department of land and natural resources, which books, when filled, shall be returned to the department. [L 1894-5, c 14, §8; RL 1925, §553; RL 1935, §3661; RL 1945, §10202; RL 1955, §234-2; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §1; HRS §664-2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-3 Certificate of boundaries, fee.

§664-3 Certificate of boundaries, fee.
The certificates of each commissioner of boundaries shall be made on stamped paper, furnished by the department of land and natural resources, and each commissioner of boundaries shall collect and account to the department for the benefit of the public treasury, $1 for each stamped certificate issued by the commissioner. [L 1894-5, c 14, §9; RL 1925, §554; RL 1935, §3662; RL 1945, §10203; RL 1955, §234-3; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §1; HRS §664-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-4 Copy sent to department.

§664-4 Copy sent to department.
Each commissioner of boundaries shall, within thirty days after issuing a certificate of boundaries, deposit a certified copy thereof in the office of the department of land and natural resources, and shall also deposit a certified copy of the approved or adopted plan thereof with the department. [L 1894-5, c 14, §10; am L 1915, c 79, §1; RL 1925, §555; RL 1935, §3663; RL 1945, §10204; RL 1955, §234-4; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §1; HRS §664-4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-5 No patent on award until boundaries settled.

§664-5 No patent on award until boundaries settled.
The department of land and natural resources is forbidden to issue any patent in confirmation of an award by name, made by the commissioners to quiet land titles, without the boundaries being defined in such patent, according to the decision of a commissioner of boundaries, or the intermediate appellate court, or the supreme court on appeal. [L 1894-5, c 14, §7; RL 1925, §556; RL 1935, §3664; RL 1945, §10205; RL 1955, §234-5; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §1; HRS §664-5; am L 2004, c 202, §73; am L 2006, c 94, §1; am L 2010, c 109, §1]
Cross References
See Appendix to Revised Laws of Hawaii 1925, pp 2120-2152.
Case Notes
Awards by metes and bounds. 30 H. 666 (1928).
Decree. 31 H. 118 (1929).
Cited: 49 H. 456, 486-7, 421 P.2d 550 (1966).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-6 Application for certificate.

§664-6 Application for certificate.
All owners of ahupuaas and portions of ahupuaas, ilis, and portions of ilis and other denominations of lands within the State, whose lands have not been awarded by the land commissioners, patented or conveyed by deed from the king or government, by boundaries decided in such award, patent, or deed, may file with the commissioner of boundaries for the circuit in which the land is situated, an application to have the boundaries of the land decided and certified to by the commissioner or the commissioner's successor in office. The application shall state the name of the land, the names of the adjoining land or lands, and the names of the owners of the same where known, and it shall also contain a general description, by true bearing survey, of the boundaries as claimed connected by coordinates to the government survey triangulation system, and shall have attached thereto and made a part thereof a map or tracing which shall show all natural topographical features, permanent or other marks along the boundary lines, the bearings and distances of each course given in the description of survey, and such other data from field notes as will make it practicable to reestablish any boundary mark or point that may become lost or destroyed. [L 1894-5, c 14, §2; am L 1915, c 79, §2; RL 1925, §557; RL 1935, §3665; RL 1945, §10206; RL 1955, §234-6; HRS §664-6; gen ch 1985]
Cross References
See Appendix to Revised Laws of Hawaii 1925, pp 2120-2152.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-7 Notice, evidence, decision.

§664-7 Notice, evidence, decision.
The commissioner of boundaries, on receipt of the application, shall notify the owner or owners of the land, and also those of the land adjoining, and the attorney general, of the time when the commissioner will be prepared to hear their case. Further, the commissioner shall advertise in such newspaper or newspapers as the commissioner directs, once in each of three successive weeks, a notice sufficient in the commissioner's judgment to identify the locality to be adjudicated and the date and place of hearing. The commissioner shall receive at the hearing all the testimony offered, shall go on the ground when requested by either party, and shall endeavor otherwise to obtain all information possible to enable the commissioner to arrive at a just decision as to the boundaries of the lands. Upon giving a decision, the commissioner shall therein describe the boundaries decided on by survey by natural topographical features, or by permanent boundary marks, or partly by each; and the commissioner shall have the power to order such surveys and marks to be made or erected as the commissioner may consider necessary, at the expense of the parties in interest, but the commissioner shall in no case alter any boundary described by survey in any patent or deed from the king or government, or in any land commission award. [L 1894-5, c 14, §3; RL 1925, §558; am L 1933, c 115, §1; RL 1935, §3666; am L 1943, c 111, §1; RL 1945, §10207; RL 1955, §234-7; HRS §664-7; am L 1972, c 90, §6(b); gen ch 1985]
Cross References
Publication, see §601-13.
Case Notes
No jurisdiction to apportion water rights or other appurtenant rights of land. 3 H. 702 (1876).
Boundary decisions should not be lightly questioned. 4 H. 627 (1883). Boundary certificate covering more than survey attached to award is void. 3 H. 9 (1866). See also 4 H. 239 (1879); 5 H. 154 (1884); 5 H. 91 (1884); 5 H. 94 (1884); 6 H. 315 (1882); 8 H. 1 (1889); 8 H. 455 (1892); 13 H. 583 (1901); 20 H. 278 (1910).
Proceeding is in rem. 4 H. 627 (1883).
No jurisdiction to proceed with petition when contestant files claim of title to definite portion of land described in petition. Contest must be only as to location of common boundary. 24 H. 546 (1918); 49 H. 456, 487, note 22, 421 P.2d 550 (1966).
Award by metes and bounds. 30 H. 666 (1928).
Evidence. 31 H. 43 (1929).
Ili kupono. 31 H. 376 (1930).
Cited: 20 H. 278, 281 (1910).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-8 Appeal.

§664-8 Appeal.
Any party aggrieved by the decision of the commissioner of boundaries may appeal therefrom to the intermediate appellate court, subject to chapter 602, within thirty days from the rendition of the decision, and within the period shall pay all costs accrued and shall pay or deposit costs for appeal as provided in sections 607-5, 607-6, and 607-7; provided that any land owner absent from the State and not represented by an authorized agent within the State shall have the right of appeal for one year from the rendition of the decision. [L 1894-5, c 14, §4; RL 1925, §559; RL 1935, §3667; am L 1939, c 19, §4; RL 1945, §10208; RL 1955, §234-8; HRS §664-8; am L 1974, c 145, §9; am L 1979, c 111, §27(1); gen ch 1985; am L 2004, c 202, §74; am L 2006, c 94, §1; am L 2010, c 109, §1]
Rules of Court
See Hawaii Rules of Appellate Procedure.
Case Notes
By government if aggrieved. 20 H. 278 (1910).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-9 Record on; new evidence.

§664-9 Record on; new evidence.
Whenever any person appeals, the commissioner of boundaries shall transmit to the clerk of the supreme court a copy of the record and of the commissioner's decision, together with any exhibits filed and the bond for costs as in other cases. The intermediate appellate court or the supreme court may permit the introduction of new evidence that could not with due diligence have been obtained before, and the court's decision shall be final and binding. [L 1894-5, c 14, §5; RL 1925, §560; RL 1935, §3668; RL 1945, §10209; RL 1955, §234-9; HRS §664-9; am L 1972, c 90, §6(c); gen ch 1985; am L 2004, c 202, §75; am L 2006, c 94, §1; am L 2010, c 109, §1]
Rules of Court
See Hawaii Rules of Appellate Procedure.
Case Notes
Opportunity to cure defects of proof. 20 H. 278 (1910).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-10 Powers of commissioner; procedure.

§664-10 Powers of commissioner; procedure.
Each commissioner of boundaries shall have power to administer oaths, to punish contempts, to grant adjournments, to subpoena and compel the attendance of witnesses and the production of books and papers, to issue execution for costs, and generally to exercise the same authority in regard to the commissioner's special jurisdiction as is by law conferred upon circuit courts. The Hawaii rules of civil procedure shall apply to proceedings under this part, except insofar as and to the extent that the rules are inconsistent with the provisions of this part. [L 1894-5, c 14, §6; RL 1925, §561; am L 1932 2d, c 8, §2; RL 1935, §3669; RL 1945, §10210; RL 1955, §234-10; HRS §664-10; am L 1972, c 90, §6(d); gen ch 1985]
Revision Note
In the first sentence, the comma after "attendance of witnesses" deleted pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-11 Costs.

§664-11 Costs.
The costs in each case shall be borne by the petitioner or respondent, or shall be apportioned between them, as equity and justice may require, in the judgment of the commissioner of boundaries, subject to appeal as in this part provided. [L 1894-5, c 14, §13; RL 1925, §563; RL 1935, §3670; RL 1945, §10211; RL 1955, §234-11; HRS §664-11]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-21 Petition.

Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
§664-21 Petition.
[(a)] Any person owning, leasing, or occupying land under an agreement with the owner or lessee, who desires to fence the land, or who, having fenced the land, desires to provide for the maintenance of the fence, may file a petition in the circuit court of the circuit in which the land is situated praying for the hearing and determination of the matter.
[(b)] The petition shall designate the land by name or description, the location thereof, and the boundary or boundaries desired to be fenced or the fence desired to be maintained; and shall designate the adjoining land or lands and state the name or names of the owners, lessees, and occupants thereof. Upon the filing of the petition, summons shall issue to the adjoining owners, lessees, and occupants as in other proceedings before circuit courts. [L 1931, c 101, §1; RL 1935, §3671; am L 1935, c 52, §1; am L 1941, c 219, §1; RL 1945, §10212; RL 1955, §234-20; HRS §664-21; am L 1972, c 90, §6(e)]
Cross References
Fences, other provisions, see §142-61.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-22 Jurisdiction.

§664-22 Jurisdiction.
The circuit courts shall have jurisdiction within their respective circuits to hear and determine without the intervention of a jury all controversies respecting the fencing of land and the maintenance of fences in accordance with this part. [L 1931, c 101, §2; RL 1935, §3672; RL 1945, §10213; RL 1955, §234-21; HRS §664-22; am L 1972, c 90, §6(f)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-24 Pasturage in lieu of fences.

§664-24 Pasturage in lieu of fences.
In case the court finds it to be inequitable or inexpedient to establish a fence between adjoining lands, either because of the nature or situation of the lands, the shortness of the unexpired term of a lease or agreement, the scarcity of fencing materials, or the conflicting rights of the parties, it may, if the lands are grazing lands, in lieu of fencing, decide how many animals each owner, lessee, or occupant shall be at liberty to pasture upon the owner's, lessee's, or occupant's land under a penalty to be specified in the decree. [L 1931, c 101, §4; RL 1935, §3674; am L 1935, c 52, §3; RL 1945, §10215; RL 1955, §234-23; HRS §664-24; am L 1972, c 90, §6(i); gen ch 1985]
Revision Note
Semicolon after "the parties" changed to comma pursuant to §23G-15.
Case Notes
Expensiveness of fence contemplated in comparison with value of land or poverty of one landowner does not render erection of fence "inexpedient". 4 H. 255 (1880).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-25 Appeal.

§664-25 Appeal.
Any party aggrieved by the decree of the court may appeal therefrom to the intermediate appellate court, subject to chapter 602, in the manner and within the time provided for civil appeals from the circuit courts. [L 1931, c 101, §5; RL 1935, §3675; RL 1945, §10216; RL 1955, §234-24; HRS §664-25; am L 1972, c 90, §6(j); am L 1979, c 111, §27(2); am L 2004, c 202, §76; am L 2006, c 94, §1; am L 2010, c 109, §1]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-26 Government lands.

§664-26 Government lands.
This part shall not be so construed as to allow any person owning or otherwise interested in land adjoining government land to compel the government to join in the cost of erecting or maintaining a fence on the boundary line between such lands. However, the government or any lessee or occupant of government land, with the consent of the governor, shall have the same right accorded to others to compel action according to this part by any person owning, leasing, or occupying land adjoining government land, or by any lessee or occupant of adjoining government land, and every lessee or occupant of government land shall be subject to the duties and obligations of other lessees and occupants as provided by this part. [L 1931, c 101, §6; RL 1935, §3676; am L 1935, c 52, §4; RL 1945, §10217; RL 1955, §234-25; HRS §664-26; am L 1972, c 90, §6(k)]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-31 Definitions.

Cross References
State water code, see chapter 174C.
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
§664-31 Definitions.
Wherever used in this part:
"Controversy" means the matter or question at issue before the court.
"Private individuals or persons" means either individuals, companies, or corporations, or any others except the State. [L 1886, c 69, §1; am L 1888, c 26, §1; am L 1907, c 56, §1; RL 1925, §2936; RL 1935, §3677; RL 1945, §10218; RL 1955, §234-30; HRS §664-31; am L 1972, c 90, §6(1)]
Case Notes
Cited: 9 H. 651, 652 (1895); 20 H. 658, 660 (1911); 21 H. 280, 282 (1912).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-32 Jurisdiction.

§664-32 Jurisdiction.
The circuit courts shall have jurisdiction to hear and determine, without the intervention of a jury, all controversies respecting rights of private way and water rights, as in this part provided. [L 1886, c 69, §2; am L 1888, c 26, §2; am L 1907, c 56, §2; RL 1925, §2937; RL 1935, §3678; RL 1945, §10219; RL 1955, §234-31; HRS §664-32; am L 1972, c 90, §6(m)]
Case Notes
Jurisdiction not exclusive as to water rights. 10 H. 476 (1896); 19 H. 106 (1908); 32 H. 404 (1932), aff'd 52 F.2d 356 (1931).
Cited: 19 H. 106, 117 (1908).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-34 Same; decision.

§664-34 Same; decision.
The court shall hear the evidence offered relative to the right in controversy, and may, if deemed desirable to the rendering of a correct decision, visit the locality where the controversy arose. It shall give such decision as may in each particular case appear to be in conformity with vested rights and shall be just and equitable between the parties.
The decision shall state expressly the findings of fact on the evidence, and shall in cases of right of way clearly indicate the location (if possible) and nature of the way; if on a water right, it shall state the proportion of time for use, and any other things necessary to the right. It may also regulate the methods by which water may be obtained, and by which its supply can be controlled. As far as possible, the rights of parties served by publication who have not appeared in the action shall be ascertained. Judgment shall be entered in accordance with the decision. [L 1886, c 69, §4; am L 1888, c 26, §4; am L 1907, c 56, §4; RL 1925, §2939; RL 1935, §3680; RL 1945, §10221; RL 1955, §234-33; HRS §664-34; am L 1972, c 90, §6(o)]
Cross References
Return of service as prima facie evidence, see §634-22.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-35 Costs.

§664-35 Costs.
Costs may, in the discretion of the court, be divided, or taxed to the losing party. [L 1886, c 69, §5; am L 1888, c 26, §5; am L 1907, c 56, §5; RL 1925, §2940; RL 1935, §3681; RL 1945, §10222; RL 1955, §234-34; HRS §664-35; am L 1972, c 90, §6(p)]
Case Notes
Costs on appeal may be divided. 21 H. 280 (1912).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 664. Boundaries, Fences, Ways, Water Rights › 664-36 Appeal.

§664-36 Appeal.
Any party aggrieved by the judgment of the court may appeal therefrom to the intermediate appellate court, subject to chapter 602, in the manner and within the time provided for civil appeals from the circuit courts. L 1886, c 69, §6; am L 1888, c 26, §6; am L 1907, c 56, §6; RL 1925, §2941; RL 1935, §3682; am L 1939, c 19, §4; RL 1945, §10223; RL 1955, §234-35; HRS §664-36; am L 1972, c 90, §6(q); am L 2004, c 202, §77; am L 2006, c 94, §1; am L 2010, c 109, §1
Case Notes
Findings may not be set aside unless clearly erroneous, HRCP rule 52(a) being applicable. 54 H. 174, 504 P.2d 1330 (1973).
Cases prior to adoption of the Hawaii Rules of Civil Procedure.
Court authorized on appeal to render such judgment as shall be just and equitable. 9 H. 651 (1895); 10 H. 174 (1895). Evidence insufficient. 10 H. 133 (1895); 10 H. 453 (1896). Record. 21 H. 173, 174 (1912).
Findings, weight. 23 H. 595, 601 (1917); 24 H. 47, 53 (1917).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 665. Escheat › 665-1 Information, hearing, decree.

§665-1 Information, hearing, decree.
In all cases where real property escheats by law to the State, the attorney general shall file an information in the circuit court of the first circuit, setting forth the facts upon which the claim of the State to the escheat is based. Summons shall be issued as in other actions. The attorney general shall cause the summons to be served upon any person in possession of the property, and shall also cause a copy thereof to be published once a month for three months in a newspaper of general circulation in the State. Upon the hearing of the matter, if the court finds the facts averred in the information substantiated by proof and sufficient in law, it shall make and cause to be entered a decree declaring the property an escheat to the State. [L 1886, c 8, §1; RL 1925, §2913; RL 1935, §4230; RL 1945, §10241; RL 1955, §235-1; HRS §665-1; am L 1972, c 90, §7(a)]
Cross References
Publication of notice, see §601-13.
Case Notes
Appellate court erred in concluding that the State's escheat claim did not trigger defendant title insurance company's duty to defend plaintiffs because the State failed to follow the proper procedure for bringing an escheat claim under this section; by so concluding, the appellate court improperly tied defendant's duty to defend to the sufficiency or merits of the State's pleading. 126 H. 448, 272 P.3d 1215 (2012).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 665. Escheat › 665-2 Conclusive presumptions.

§665-2 Conclusive presumptions.
In all actions provided for in section 665-1, the following shall be conclusive presumptions of fact:
(1) That the person who last owned the property has died intestate, if it is shown that the owner has been absent from the State and not been heard of for the space of fifteen years, and has neither in person nor through any agent thereto authorized in writing, nor through any tenant occupying the premises in question under a valid lease, had possession or exercised dominion over the premises during that time, and that no application for letters testamentary or of administration has been filed in any court within the State having jurisdiction of probate proceedings within such time.
(2) That the person who last owned the property has left no kindred, if it is shown that no person claiming to be kin has made claim to the property within five years after the lapse of the fifteen years in this section before mentioned. [L 1886, c 8, §2; RL 1925, §2914; RL 1935, §4231; RL 1945, §10242; RL 1955, §235-2; HRS §665-2]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 665. Escheat › 665-3 Defenses.

§665-3 Defenses.
In such actions no person shall be allowed to defend against the State on the ground of being in possession of the property, unless the person proves that the person is in possession under color of title, or has been in adverse possession thereof for a period not less than twenty years and that the taxes upon the property have been paid by the person during the last twelve years of the period. [L 1886, c 8, §3; am imp L 1898, c 19, §1; RL 1925, §2915; RL 1935, §4232; RL 1945, §10243; RL 1955, §235-3; HRS §665-3; am L 1973, c 26, §3; gen ch 1985]
Case Notes
Cited: 14 H. 365, 366 (1902).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 665. Escheat › 665-4 Sale; disposition of proceeds.

§665-4 Sale; disposition of proceeds.
If a decree is entered in favor of the State, the department of land and natural resources shall cause the premises to be sold at public auction, and the proceeds of sale after deducting all costs and expenses shall be deposited in the treasury of the State and there abide the claim of any heir or other person thereto lawfully entitled; provided that no claim to the proceeds shall be allowed unless the claim is made within five years after deposit. [L 1886, c 8, §4; RL 1925, §2916; RL 1935, §4233; RL 1945, §10244; RL 1955, §235-4; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §1; HRS §665-4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 665. Escheat › 665-5 Claim to proceeds.

§665-5 Claim to proceeds.
Any person claiming the proceeds of sale of escheated property may present the person's claim by commencing an action in the circuit court of the first circuit. Service shall be made upon the attorney general who may appear and defend on behalf of the State. If the court renders a judgment in favor of the plaintiff, the director of finance shall pay the proceeds to the plaintiff, with interest as allowed by the court, not to exceed six per cent a year. [L 1886, c 8, §5; RL 1925, §2917; RL 1935, §4234; RL 1945, §10245; RL 1955, §235-5; am L Sp 1959 2d, c 1, §14; am L 1963, c 114, §1; HRS §665-5; am L 1972, c 90, §7(b); gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-2 Tenancy from month to month, etc.; termination, extension.

§666-2 Tenancy from month to month, etc.; termination, extension.
Notwithstanding other provisions of law to the contrary, when real property is rented for an indefinite time with monthly or other periodic rent reserved, such holding shall be construed to be a tenancy from month to month, or from period to period on which rent is payable, and shall only be terminated by written notice to vacate or of intention to vacate given twenty-five days or more preceding the end of any month or period by either landlord or tenant to the other; provided that when any tenant, without such notice having been given by either landlord or tenant to the other, retains possession of rented premises for any period of time after the expiration of such month or period, a valid and enforceable tenancy shall be thereby created for an additional month or period, as the case may be; provided further that when a tenant under such a tenancy fails to pay the rent reserved at the time agreed upon, the landlord may terminate the tenancy by giving to the tenant a written notice to vacate of not less than five days. [L 1929, c 93, §2; RL 1935, §4017; am L 1939, c 20, §1; RL 1945, §10402; am L 1949, c 39, §1; RL 1955, §240-2; HRS §666-2]
Case Notes
Written notice is required to terminate a tenancy where tenant has failed to pay the rent. 360 F. Supp. 620 (1973).
Holding over. 6 H. 666 (1887).
Applicable where landlord entitled to possession under rent control ordinance. 38 H. 250 (1948).
Notice of rental increase did not constitute termination of month-to-month tenancy since it contained no notice of termination of the tenancy. 1 H. App. 87, 613 P.2d 1336 (1980).
Terms of sublease created month-to-month tenancy; does not prohibit agreement for termination upon condition subsequent and 120 days' notice. 5 H. App. 146, 682 P.2d 82 (1984).
Cited: 41 H. 124, 135 (1955).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-3 Forfeiture, warning, notice to vacate, refunds.

§666-3 Forfeiture, warning, notice to vacate, refunds.
(a) Any tenancy created by or described in section 666-2 shall be subject to forfeiture where the tenant or any invitee or employee of the tenant commits any act, or causes any condition to exist, within or upon the rented premises which act or condition constitutes a nuisance as defined in section 712-1270.
(b) A written notice shall first be delivered by the landlord to the tenant warning the tenant to abate or cause to be abated the common nuisance within twenty-four hours from the time the notice is delivered. If the common nuisance complained of remains unabated after twenty-four hours from the time the notice is delivered to the tenant, the landlord may terminate the tenancy by a written notice to vacate the premises within five days from the date the second notice is delivered to the tenant. Where rent has been paid in advance by the tenant, refund shall be made by the landlord of the amount of rent so paid covering the period from the date the rent was paid to and including the date the premises are vacated. If the tenant fails or refuses to vacate the premises within five days from the date of delivery of the second notice, then in case rent has been paid in advance, the landlord shall make a tender of the amount of the refund of rent to which the tenant would have been entitled had the tenant vacated the premises upon the date the notice to vacate was delivered to the tenant. Thereafter, upon the continued failure or refusal on the part of the tenant to vacate, the landlord may proceed, without further notice, to evict the tenant in any manner authorized by law. [L 1937, c 209, §1; RL 1945, §10403; RL 1955, §240-3; HRS §666-3; gen ch 1985; am L 1986, c 195, §3]
Case Notes
Use of dwelling premises for business purposes, under provisions of rent control ordinance. 38 H. 250 (1948).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-4 Oral leases not exceeding one year, valid.

§666-4 Oral leases not exceeding one year, valid.
Notwithstanding other provisions of law to the contrary, oral leases of real property for any period not exceeding one year shall be valid and enforceable to all intents and purposes as if in writing. [L 1929, c 93, §1; RL 1935, §4016; RL 1945, §10404; RL 1955, §240-4; HRS §666-4]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-5 Acceptance of rent during litigation, effect of.

§666-5 Acceptance of rent during litigation, effect of.
When any legal proceedings are brought by a landlord to evict a tenant, whether by summary possession proceedings or an action in the nature of an action of ejectment or otherwise, the acceptance of rent by the landlord during the litigation shall not be construed as a recognition of the tenancy and shall be without prejudice to the landlord's legal rights at the inception of the proceedings.
In the event the eviction proceedings of whatever nature are successful any rent so paid shall be construed as damages for withholding the occupancy of the premises involved from the landlord. [L 1945, c 251, §1; RL 1955, §240-5; HRS §666-5; am L 1972, c 90, §8(b); gen ch 1985]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-6 Summary possession proceedings; venue.

§666-6 Summary possession proceedings; venue.
In the case of summary possession proceedings, the person entitled to the possession of the premises shall bring and prosecute the person's action in the district court of the circuit wherein the lands and premises in question are situated. [CC 1859, §940; am L 1905, c 95, §1; RL 1925, §2779; RL 1935, §4014; RL 1945, §10405; RL 1955, §240-6; HRS §666-6; am L 1972, c 90, §8(c); gen ch 1985]
Rules of Court
See DCRCP rule 3(b), (c)(4).
Case Notes
Necessary to allege relation of landlord and tenant exists or has existed, how such tenancy was created, whether by lease or parol, when and how terminated and that required notice to quit was given. 4 H. 154, 157 (1879); 13 H. 385 (1901); 22 H. 739 (1915).
Complaint held sufficient. 15 H. 632 (1904).
Right to possession, not title in issue. 20 H. 712 (1911); 22 H. 129 (1914).
The question of whether the right of trial by jury guaranteed by article I, §10, state constitution, applies to a summary possession proceeding was raised but not decided. 58 H. 276, 567 P.2d 1239 (1977).
Actions to dispossess lessees involving short-term rental agreements or other leases that grant lessees solely the right of possession may only be adjudicated in district court pursuant to this section. 74 H. 294, 845 P.2d 1186 (1992).
Cited: 6 H. 407, 408 (1883).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-7 Jurisdiction; joinder.

§666-7 Jurisdiction; joinder.
In any action for summary possession begun under this chapter, the plaintiff may join claims for rent, lodging, board, profits, damages, and waste, where these arise out of and refer to the land or premises, irrespective of the amount claimed.
In any such action, whether the ground or cause is nonpayment of rent or otherwise, the plaintiff may join in the action a prayer for accrued rent due, if any, and also for rent, profits, and damages up to the time of judgment, if such is rendered in the plaintiff's favor, without prejudice to such action or ground for summary possession as may be set forth in the complaint. [L 1915, c 171, §1; am L 1923, c 93, §1; RL 1925, §2780; RL 1935, §4015; RL 1945, §10406; am L 1945, c 216, §1; RL 1955, §240-7; HRS §666-7; am L 1972, c 90, §8(d); gen ch 1985]
Rules of Court
See DCRCP rule 18.
Case Notes
Holding over after notice of change of rent. 30 H. 29 (1927).
Recoupment for damages by reason of illegal eviction. 30 H. 434 (1928).
Items of damage recoverable by lessor. 30 H. 853 (1929).
Jurisdiction of district court where defendant demanded trial by jury, discussed. 70 H. 288, 769 P.2d 1091 (1989).
This chapter does not preclude a landlord from joining a breach of contract action, seeking damages as measured by future rent, with a summary possession action. 84 H. 75, 929 P.2d 88 (1996).
Cited: 27 H. 308, 322 (1923); 40 H. 236 (1953).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-8 Service.

§666-8 Service.
The summons shall be served as provided by the rules of court.
In the event that any defendant cannot be served within the circuit, service may be made in any part of the State.
If any defendant cannot be served with process within the State, and the facts shall appear by affidavit or otherwise to the satisfaction of the court, service as to such defendant may be made according to the special order of the court, but such order shall in any case include a direction to the officer to leave a certified copy of the complaint and summons with some agent or employee of mature years of the defendant, provided the agent or employee can be found upon the premises or elsewhere within the circuit, and also to affix in a conspicuous place upon the premises (as upon the wall of any store, shop, dwelling, or other building thereon, and if there is no such building, then upon some other permanent object thereon, as a tree or fence) a certified copy of the complaint and summons. The order shall further require that a certified copy of the complaint and summons be sent to the defendant by certified or registered mail, postage prepaid, unless it is shown by affidavit or otherwise to the satisfaction of the court that the address of the defendant is unknown and cannot be ascertained. [CC 1859, §941; am L 1905, c 95, §2; RL 1925, §2781; RL 1935, §4018; RL 1945, §10407; RL 1955, §240-8; HRS §666-8; am L 1972, c 90, §8(e)]
Rules of Court
See DCRCP rule 4.
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-9 Return day.

§666-9 Return day.
The summons shall be returnable within such time as is fixed by the court in conformity with the rules of court. [CC 1859, §942; am L 1923, c 119, §1; RL 1925, §2782; RL 1935, §4019; RL 1945, §10408; RL 1955, §240-9; HRS §666-9; am L 1971, c 144, §31A]
Rules of Court
See DCRCP rule 12(a).
Case Notes
When summons not returnable as provided judgment void. 13 H. 450 (1901).
Defendant cannot be defaulted if defendant appears without filing written pleadings. 14 H. 590, 592 (1903).
If last day falls on Sunday, summons may be made returnable on Monday, the next legal day. 24 H. 250, 252-253 (1918).
Cited: 24 H. 95, 96 (1917).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-11 Judgment; writ of possession.

§666-11 Judgment; writ of possession.
If it is proved to the satisfaction of the court that the plaintiff is entitled to the possession of the premises, the plaintiff shall have judgment for possession, and for the plaintiff's costs. Execution shall issue accordingly. The writ of possession shall issue to the sheriff, deputy sheriff, police officer, or independent civil process server from the department of law enforcement's list under section 353C-11, commanding the sheriff, deputy sheriff, police officer, or independent civil process server to remove all persons from the premises, and to put the plaintiff, or the plaintiff's agent, into the full possession thereof. [CC 1859, §943; RL 1925, §2784; RL 1935, §4021; RL 1945, §10410; RL 1955, §240-11; am L 1963, c 85, §3; HRS §666-11; am L 1972, c 90, §8(f); gen ch 1985; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2012, c 142, §10; am L 2013, c 116, § §18, 25(17); am L 2015, c 101, §4; am L 2021, c 41, §18; am L 2022, c 278, §17]
Note
The repeal and reenactment note in the main volume took effect on June 30, 2020, pursuant to L 2015, c 101, §4.
Case Notes
Defendant cannot be defaulted if defendant appears without filing written pleadings. 14 H. 590 (1903).
Writ may issue at any time after judgment unless stayed by law. 23 H. 65 (1915).
Appeal as a supersedeas. 27 H. 308, 321-322 (1923); 27 H. 362, 367 (1923).
Issuance of writ does not deprive defendants of right of appeal. 27 H. 362, 366 (1923).
Cited: 19 H. 65, 67 (1908); 20 H. 712, 713 (1911).
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-12 How writ executed.

§666-12 How writ executed.
The officer to whom the writ for delivering possession is directed and delivered shall execute the same according to the tenor thereof. [CC 1859, §944; RL 1925, §2785; RL 1935, §4022; RL 1945, §10411; RL 1955, §240-12; HRS §666-12]
2023 Hawaii Revised Statutes › Title 36. Civil Remedies and Defenses and Special Proceedings › 666. Landlord and Tenant › 666-13 Effect of writ.

§666-13 Effect of writ.
Whenever a writ is issued for the removal of any tenant, the contract for the use of the premises, if any exists, and the relation of landlord and tenant between the parties, shall be deemed to be canceled and annulled. [CC 1859, §945; RL 1925, §2786; RL 1935, §4023; RL 1945, §10412; RL 1955, §240-13; HRS §666-13]
Case Notes
Warrant terminates relation of landlord and tenant only upon final judgment for possession. 27 H. 362, 368 (1923). See 28 H. 160, 162 (1925).