§661-5 - Limitations on action. - Hawaii Statutes

     §661-5  Limitations on action.  Every claim against the State, cognizable under this chapter, shall be forever barred unless the action is commenced within two years after the claim first accrues; provided that the claims of persons under legal disability shall not be barred if the action is commenced within one year after the disability has ceased. [L 1894-5, c 26, §5; RL 1925, §2673; RL 1935, §4424; RL 1945, §10479; RL 1955, §245-5; HRS §661-5; am L 1972, c 164, §1(e)]

 

Cross References

 

  Actions on contract for loss in connection with registered land, see §501-217.

 

Case Notes

 

  Court on own motion will dismiss action if not brought within time limited, namely, two years.  11 H. 404.

  Lawsuit seeking judicial review of employees' retirement system declaratory order not time-barred.  75 H. 42, 856 P.2d 1227.

  Where employees' retirement system (ERS) trustees were alleging in lawsuit that Act 100, L 1999 was unconstitutional as being violative of article XVI, §2 of the Hawaii constitution, their claims were not "founded upon any statute of the State; or upon any regulation of an executive department; or upon any contract" and were not referred to the court by the legislature; thus, trustees' claims were not cognizable under chapter 661, and, therefore, was not subject to the statute of limitations set forth in this section.  114 H. 302, 162 P.3d 696.