§664-7  Notice, evidence, decision.  The
commissioner of boundaries, on receipt of the application, shall notify the
owner or owners of the land, and also those of the land adjoining, and the
attorney general, of the time when the commissioner will be prepared to hear
their case.  Further, the commissioner shall advertise in such newspaper or
newspapers as the commissioner directs, once in each of three successive weeks,
a notice sufficient in the commissioner's judgment to identify the locality to
be adjudicated and the date and place of hearing.  The commissioner shall
receive at the hearing all the testimony offered, shall go on the ground when
requested by either party, and shall endeavor otherwise to obtain all
information possible to enable the commissioner to arrive at a just decision as
to the boundaries of the lands.  Upon giving a decision, the commissioner shall
therein describe the boundaries decided on by survey by natural topographical
features, or by permanent boundary marks, or partly by each; and the
commissioner shall have the power to order such surveys and marks to be made or
erected as the commissioner may consider necessary, at the expense of the
parties in interest, but the commissioner shall in no case alter any boundary
described by survey in any patent or deed from the king or government, or in
any land commission award. [L 1894-5, c 14, §3; RL 1925, §558; am L 1933, c
115, §1; RL 1935, §3666; am L 1943, c 111, §1; RL 1945, §10207; RL 1955,
§234-7; HRS §664-7; am L 1972, c 90, §6(b); gen ch 1985]



 



Cross References



 



  Publication, see §601-13.



 



Case Notes



 



  No jurisdiction to apportion water rights or other
appurtenant rights of land.  3 H. 702.  Boundary decisions should not be
lightly questioned.  4 H. 627.  Boundary certificate covering more than survey
attached to award is void.  3 H. 9.  See also 4 H. 239; 5 H. 154; 5 H. 91; 5 H.
94; 6 H. 315; 8 H. 1; 8 H. 455; 13 H. 583; 20 H. 278.



  Proceeding is in rem.  4 H. 627.  No jurisdiction to proceed
with petition when contestant files claim of title to definite portion of land
described in petition.  Contest must be only as to location of common
boundary.  24 H. 546; 49 H. 456, 487, note 22, 421 P.2d 550.



  Award by metes and bounds.  30 H. 666.  Evidence.  31 H. 43. 
Ili kupono.  31 H. 376.



  Cited:  20 H. 278, 281.