Requesting The Establishment Of A Working Group To Reform Or Eliminate The Land Court.
If enacted, SCR9 would initiate the establishment of a working group tasked with the reform or potential elimination of the Land Court. This group would consist of representatives from the judiciary, the legislature, the Board of Land and Natural Resources, the Hawaii State Bar Association, and a title company. Their objective will be to propose actionable reforms and streamline land registration processes, improving efficiency in the judiciary's operations. The working group is also required to submit a report detailing their findings, including recommendations for legislative adjustments, within a designated timeframe ahead of the 2026 Regular Session.
Senate Concurrent Resolution 9 (SCR9) seeks to address significant concerns surrounding the operational efficiency of the Land Court in Hawaii. The resolution highlights enduring issues such as the backlog in processing land title registrations and the challenges faced by individuals when they lose their transfer certificates of title. Currently, the Land Court possesses exclusive jurisdiction over the title applications; however, its procedures are described as archaic and hinder the smooth conveyancing of real property, thereby negatively impacting property owners and buyers across the state.
Notable contention surrounding SCR9 stems from concerns about the balance between efficiency and the safeguarding of property rights. Proponents argue that reforming the Land Court is essential to eliminating delays and reducing bureaucratic inefficiencies that currently plague the land registration process. Conversely, detractors may fear that such reforms could inadvertently undermine established legal protections for landowners, especially if the system becomes overly streamlined without adequate safeguards to protect rights associated with land ownership.