§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.