Hawaii Revised Statutes 674. Individual Claims Resolution Under the Hawaiian Home Lands Trust

PART I. PURPOSE AND DEFINITIONS

  • 674-1 Purpose.
    The purpose of this chapter is to establish a process under which individual beneficiaries under the Hawaiian home lands trust may resolve claims for...
  • 674-2 Definitions.
    As used in this chapter, unless the context otherwise requires: "Act" means the Hawaiian Homes Commission Act of 1920, as amended. "Actual damages" means...

PART II. INDIVIDUAL CLAIMS REVIEW PANEL

PART III. JUDICIAL RELIEF FOR RETROACTIVE CLAIMS BY INDIVIDUAL
NATIVE HAWAIIANS

  • 674-16 Waiver of Immunity.
    (a) The State waives its immunity from liability for actual damages suffered by an individual beneficiary arising out of or resulting from a breach...
  • 674-17 Right to Sue, Individual Claims.
    (a) An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the...
  • 674-18 Scope of Relief.
    In an action under this part the court may award actual damages to a successful claimant. [L 1991, c 323, pt of ยง1]
  • 674-19 Limitation on Actions.
    Every claim cognizable under this part shall forever be barred unless the action is commenced by December 31, 1999. [L 1991, c 323, pt...
  • 674-20 No Implied Liability or Award.
    In no case shall any liability be implied against the State, and no award shall be made against the State on any claim brought...
  • 674-21 Attorney's Fees and Costs.
    In any action brought under this part, the court may, as it deems just, award to a prevailing claimant and enter as part of...

Cross References

Lands conveyed for development of housing projects, see 10-13.6 and 171-18.5.

Law Journals and Reviews

The Native Hawaiian Trusts Judicial Relief Act: The First Step in an Attempt to Provide Relief. 14 UH L. Rev. 889.

Ke Ala Pono--The Path of Justice: The Moon Court's Native Hawaiian Rights Decisions. 33 UH L. Rev. 447 (2011).

A Modest Proposal for Determining Class Member Damages: Aggregation and Extrapolation in the Kalima v. State Breach of Homelands Trust Class Action. 34 UH L. Rev. 1 (2012).

Case Notes

Trial court erred in granting plaintiffs the right to sue for breach of contract under chapter 661 where, with respect to the individual beneficiary claims under this chapter, the language of Act 14, L Sp 1995 merely indicated the legislature's expressed desire for "title-related" claims to be settled in a timely manner. 111 H. 84, 137 P.3d 990 (2006).

Last modified: October 27, 2016