THE SENATE S.R. NO. 5 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII SENATE RESOLUTION Requesting the establishment of a working group to reform or eliminate the land court.
THE SENATE S.R. NO. 5
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
THE SENATE
S.R. NO.
5
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
SENATE RESOLUTION
Requesting the establishment of a working group to reform or eliminate the land court.
WHEREAS, the Land Court has exclusive jurisdiction over all applications for the registration of title to land easements or rights in land held and possessed in fee simple within the State, with the power to hear and determine all questions arising upon the applications; and WHEREAS, the Land Court is based on the premise that the State guarantees title to the latest holder of the transfer certificate of title; and WHEREAS, people sometimes lose the transfer certificates of title, and the Land Court and Bureau of Conveyances do not provide the current land owner with the physical transfer certificate of title; and WHEREAS, the Land Court is archaic and causes significant delays for simple conveyances of real property; and WHEREAS, the Judiciary is increasingly behind in day-to-day operations, including approving simple name changes in title certificates; and WHEREAS, the Bureau of Conveyances has a large backlog for Land Court even if sent through recordation; now, therefore, BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Chief Justice of the Hawaii Supreme Court is requested to establish a working group to reform or eliminate the Land Court; and BE IT FURTHER RESOLVED that the working group consist of the following members: (1) A member of the Judiciary, to be designated by the Chief Justice, and who is requested to serve as Chair of the working group; (2) A member of the Senate, to be designated by the Senate President; (3) A member of the House of Representatives, to be designated by the House Speaker; (4) The Chairperson of the Board of Land and Natural Resources, or the Chairperson's designee; (5) A member of the Hawaii State Bar Association, to be designated by its President, whom the Chair shall invite to participate; and (6) A representative from a title company doing business in the State, whom the Chair shall invite to participate; and BE IT FURTHER RESOLVED that the Judiciary is requested to provide administrative support to the working group; and BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice, Chairperson of the Board of Land and Natural Resources, Registrar of the Bureau of Conveyances, Registrar of the Land Court, and President of the Hawaii State Bar Association. OFFERED BY: _____________________________ Report Title: Working Group; Land Court; Bureau of Conveyances; Judiciary; Department of Land and Natural Resources
WHEREAS, the Land Court has exclusive jurisdiction over all applications for the registration of title to land easements or rights in land held and possessed in fee simple within the State, with the power to hear and determine all questions arising upon the applications; and
WHEREAS, the Land Court is based on the premise that the State guarantees title to the latest holder of the transfer certificate of title; and
WHEREAS, people sometimes lose the transfer certificates of title, and the Land Court and Bureau of Conveyances do not provide the current land owner with the physical transfer certificate of title; and
WHEREAS, the Land Court is archaic and causes significant delays for simple conveyances of real property; and
WHEREAS, the Judiciary is increasingly behind in day-to-day operations, including approving simple name changes in title certificates; and
WHEREAS, the Bureau of Conveyances has a large backlog for Land Court even if sent through recordation; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-third Legislature of the State of Hawaii, Regular Session of 2025, that the Chief Justice of the Hawaii Supreme Court is requested to establish a working group to reform or eliminate the Land Court; and
BE IT FURTHER RESOLVED that the working group consist of the following members:
(1) A member of the Judiciary, to be designated by the Chief Justice, and who is requested to serve as Chair of the working group;
(2) A member of the Senate, to be designated by the Senate President;
(3) A member of the House of Representatives, to be designated by the House Speaker;
(4) The Chairperson of the Board of Land and Natural Resources, or the Chairperson's designee;
(5) A member of the Hawaii State Bar Association, to be designated by its President, whom the Chair shall invite to participate; and
(6) A representative from a title company doing business in the State, whom the Chair shall invite to participate; and
BE IT FURTHER RESOLVED that the Judiciary is requested to provide administrative support to the working group; and
BE IT FURTHER RESOLVED that the working group is requested to submit a report of its findings and recommendations, including any proposed legislation, to the Legislature no later than twenty days prior to the convening of the Regular Session of 2026; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice, Chairperson of the Board of Land and Natural Resources, Registrar of the Bureau of Conveyances, Registrar of the Land Court, and President of the Hawaii State Bar Association.
OFFERED BY: _____________________________
OFFERED BY:
_____________________________
Report Title:
Working Group; Land Court; Bureau of Conveyances; Judiciary; Department of Land and Natural Resources