HB 2247

A BILL FOR AN ACT

RELATING TO RECORDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Section 502-17, Hawaii Revised Statutes, is amended by amending subsections (d) and (e) to read as follows:

     "(d)  On receipt for recordation of a transfer or separate description document concerning a lot in a subdivision, the registrar shall accept and file the document with:

     (1)  A metes and bounds description, either solely or as part of the document; and

     (2)  A county certified plat map, unless the land is being deregistered pursuant to part II of chapter 501[; and

     (3)  A letter from a licensed professional surveyor, certifying that the metes and bounds description conforms to the accompanying plat map].

     The document shall otherwise comply with the requirements for recordation under this section.  Any parcel created or subdivided before the effective date of the subdivision laws of the respective counties is exempt from the provisions of this subsection.

     (e)  For checking the survey and plan as to form and mathematical correctness, the department shall charge [$2 an hour] a fee pursuant to rules adopted by the department of accounting and general services, and shall require the owner of the land to deposit the [estimated] cost thereof before [making such check.] approving the survey and plan."

     SECTION 2.  Section 502-18, Hawaii Revised Statutes, is amended to read as follows:

     "§502-18  Description; lot subdivisions.  A metes and bounds description of the exterior boundaries of the parcel or parcels of land sought to be registered as a file plan shall be written upon the plan, or printed or typewritten on unruled good quality white paper 11 inches long by 8 1/2 inches wide and shall be filed [in duplicate] with the file plan.  The metes and bounds description shall be dated and signed by the licensed professional surveyor making the field survey, or under whose supervision the field survey was executed.  If the land sought to be registered as a file plan is being deregistered pursuant to part II of chapter 501, the metes and bounds description shall be dated and signed by the licensed professional surveyor making the file plan, or under whose supervision the file plan was made.  The boundaries of the land platted shall be described as running from left to right (clockwise) and the azimuth system shall be used in designating the courses of the survey with zero or 360 degrees at due South; 90 degrees at due West; 180 degrees at due North; 270 degrees at due East.  Any printed or typewritten description filed separately with the file plan shall be recorded in the registry system and the book and page or document number thereof noted on the file plan.  Expense of recordation shall be charged to the owner.  The initial point in the description shall clearly show the connection with the government triangulation system.  All outside corners of the tract shall be substantially marked by monuments in the ground, where practicable; unless the land is being deregistered pursuant to part II of chapter 501.  In all cases where tracts of land are subdivided into lots, with the intention of conveying separate lots by lot number and reference to the plat, it is necessary to show the true azimuths and lengths of all principal lines and the lot areas.  A sufficient number of durable monuments shall be placed in the ground so as to accurately identify each lot, unless the land is being deregistered pursuant to part II of chapter 501.  Any lands being deregistered pursuant to part II of chapter 501 shall not subdivide or consolidate when registering as a file plan[, and only contiguous parcels shall be shown on the same plan].  Only contiguous parcels shall be shown on the same plan unless the department of accounting and general services determines that an exception would be appropriate."

     SECTION 3.  Section 502-19, Hawaii Revised Statutes, is amended to read as follows:

     "§502-19  Plans on [tracing cloth;] tangible medium; size; scale.  All plans [must] shall be on [tracing cloth of good quality,] a tangible medium of good quality, approved by the department of accounting and general services, and shall be of one of the following sizes, the figures indicating inches:  10 x 15; 15 x 21; 21 x 32; 30 x 36; 36 x 42; or [42, 48, or 54] 36 wide without restriction as to length; which plans shall be prepared and drawn according to [some] one of the following scales: 10, 20, 30, 40, 50, 60, 100, 200, 300, 400, 500, 600, 1000, 2000, 3000, 4000, [or] 5000, or 6000 feet to an inch."

     SECTION 4.  Section 502-20, Hawaii Revised Statutes, is amended to read as follows:

     "§502-20  New maps for old.  The registrar [at such times when the original tracings of] shall forward filed plans and land court maps on file in the bureau of conveyances[,] to the department of accounting and general services, when the original tracings of the plans or maps are found to be in [such] the condition that satisfactory [blueprint] copies thereof cannot be made[, shall forward any such map or plan to the department of accounting and general services of the State], with the request that another [tracing] copy of good quality thereof be made.  The department, on receipt of the request and map or plan, shall prepare another [tracing] copy thereof[, and shall] on a tangible medium of good quality, certify that same is a true copy of the original on file in the bureau of conveyances, and [shall] file the same[, together with two certified blueprint copies,] with the registrar.   Any such certified [tracing] copy of a map or plan shall thereafter be regarded for all purposes as the original."

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect upon its approval.

Report Title:

DAGS; Plans; Land Survey; Subdivision; Maps

Description:

Removes outdated requirements and formats for plans filed with the registrar's office.  Updates permissible drawing scales used in plans.  Clarifies that statutory filing fees are set pursuant to the rules adopted by the Department of Accounting and General Services.  Repeals obsolete terms such as "blueprint."  Authorizes the Department of Accounting and General Services to approve the format of plans.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.