§172-12  Land patents issued after boundary
and commutation settled.  Upon presentation to the department of land and
natural resources of a certificate of a commissioner of boundaries defining the
boundaries of a portion of an ahupuaa, ili, or other denomination of land, the
department shall cause an appraisement to be made of the unimproved value of
that portion of land; and upon payment to the department of the government
commutation 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 L
Sp 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 the
boundaries 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 its
appraisement for commutation of government interest.  8 H. 125.



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



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



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



  Cited:  35 H. 608, 658.