§501-33 - Accretion to land. - Hawaii Statutes

     §501-33  Accretion to land.  An applicant for registration of land by accretion shall prove by a preponderance of the evidence that the accretion is natural and permanent; provided that no applicant other than the State shall register land accreted along the ocean, except that a private property owner whose eroded land has been restored by accretion may file an accretion claim to regain title to the restored portion.  The applicant shall supply the office of environmental quality control with notice of the application, for publication in the office's periodic bulletin in compliance with section 343-3(c)(4).  The application shall not be approved unless the office of environmental quality control has published notice in the office's periodic bulletin.

     As used in this section, "permanent" means that the accretion has been in existence for at least twenty years.  The accreted portion of the land shall be state land except as otherwise provided in this section and shall be considered within the conservation district.  Prohibited uses are governed by section 183-45. [L 1985, c 221, §2; am L 2003, c 73, §4]

 

Rules of Court

 

  Accretion, see RLC rule 26; maps, see RLC rule 105.

 

Case Notes

 

  Cited:  73 H. 297, 832 P.2d 724.