§172-12  Land patents issued after boundaryand commutation settled.  Upon presentation to the department of land andnatural resources of a certificate of a commissioner of boundaries defining theboundaries of a portion of an ahupuaa, ili, or other denomination of land, thedepartment shall cause an appraisement to be made of the unimproved value ofthat portion of land; and upon payment to the department of the governmentcommutation in that portion of land, upon the appraisement as above provided,the department shall cause to be issued a land patent for that portion of land,which land patent shall define the boundaries of that portion of land. [L 1872,c 21, §3; RL 1925, §569; RL 1935, §1588; RL 1945, §4642; RL 1955, §100-12; am LSp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §172-12]

 

Cross References

 

  A patent cannot be issued on an award by name without theboundaries being defined, see §664-5.

 

Case Notes

 

  Patent is merely quitclaim interest of government in lands. 3 H. 783; 11 H. 587, 589.

  Value of land at time of award is the basis of itsappraisement for commutation of government interest.  8 H. 125.

  Patent is evidence that government right to commutationtherein is extinguished.  6 H. 315.

  Patent, valid on its face, may be attacked and declared voidin action at law provided evidence shows it to be void for want of authorityfor its issue.  25 H. 651.

  Royal patent issued on land commission award, validity ofreservation of mineral rights.  49 H. 429, 421 P.2d 570.  Royal patent on landcommission award, significance if award defective.  49 H. 456, 479, 421 P.2d550.  Royal patent issued on land commission award, whether schoolhouse siteincluded or excluded.  49 H. 537, 425 P.2d 83.

  Cited:  35 H. 608, 658.