§171-51 - Quitclaim.

§171-51  Quitclaim.  The board of landand natural resources may, after giving public notice as required in section171-16(d):

(1)  Quitclaim public lands by deed or land patent inexchange for deeds of private lands by way of compromise or equitable settlementof rights of claimants without auction;

(2)  Execute quitclaim deeds quitclaiming any and allinterests of the State in private land for the purpose of perfecting title tosuch private land in private individuals who have defective titles; provided thatno quitclaim may issue where the title to private land is subject to reversionto the State or to a right of entry by the State upon breach of conditionsubsequent or where the title to the private land is conveyed by the State forspecific uses or purposes; provided further that no exchange or quitclaim maybe entered into or made where the interest of the State arises by reason of anyprovision in a deed or patent issued by the State, which prescribes thespecific use to which the land may be put or the specific purpose for which theland was conveyed; provided further that any exchange or quitclaim shall besubject to disapproval by the legislature by a two-thirds vote of either thesenate or the house of representatives or by majority vote of both, in anyregular or special session next following the date of the exchange orquitclaim. [L 1962, c 32, pt of §2; am L 1965, c 239, §26; Supp, §103A-48; am L1967, c 234, §3; HRS §171-51]

Case Notes

Decisions under prior law.

  Power of commissioner to exchange lands prior to am Org. Act,May 27, 1910.  18 H. 22.

  Applied in compromise settlement.  42 H. 627.

  Predecessor statute referred to.  49 H. 456, 486-87, 421 P.2d550.

  Cited:  28 H. 462.