Title 36, Civil Remedies And Defenses And Special Proceedings

PART I. COMMISSIONERS OF BOUNDARIES §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 …

§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, an…

§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 1…

§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…

PART II. FENCES §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 circui…

§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, …

§664-23 Hearing, order, kind of fence and markers, etc. [(a)] At the time set for the hearing of the petition[,] the court and the parties shall view the line of fence or proposed fence. The court shall decide equitably on the kind of fence to be built or maintained as circumstan…

§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 fenc…

§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, §102…

§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, …

§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…

PART III. PRIVATE WAYS AND WATER RIGHTS §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…

§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; …

§664-33 Procedure; notice. The circuit courts shall hear and determine all controversies respecting rights of private way and water rights, between private individuals, or between private individuals and the State. Any person interested, or the State, may apply for the settlement…

§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 …

§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)]

§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 19…

§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 appr…

§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…

§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…

§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. F…

§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 shal…

§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 int…