Relating To The Statute Of Limitations.
The proposed change in the statute of limitations has significant implications for potential claimants against the state, as a two-year limit would require individuals to act more swiftly when pursuing legal action. The bill's supporters argue that this amendment would standardize the process and potentially reduce the backlog of cases, making the judicial process more efficient and predictable for those seeking recourse against the state for inverse condemnation.
House Bill 898 aims to clarify the statute of limitations for inverse condemnation claims brought against the State of Hawaii. The bill seeks to amend existing Hawaii Revised Statutes to specify that the statute of limitations for such claims, based on Section 20 of Article I of the State Constitution, is two years, contrary to a previous ruling by the Hawaii Supreme Court which established a six-year limit. This legislative change is intended to provide a clear legal framework for such claims and to reduce uncertainties regarding the applicable time limits for filing them.
The discussion around HB 898 may involve contention regarding the balance between state liability and the rights of individuals to seek compensation for losses due to government actions. Opponents might argue that a shortened statute of limitations could unfairly disadvantage potential claimants, limiting their ability to seek redress, particularly in complex cases that could require lengthy preparation. On the other hand, proponents would likely assert that such a limitation is essential for maintaining a manageable and efficient legal system, preventing indefinite exposure of the state to legal claims.