RELATING TO THE HAWAII EMERGENCY MANAGEMENT AGENCY.

2024 Regular Session Introduced by Henry Aquino and 7 co-sponsors

SB 298 streamlines property acquisition for Hawaii's Emergency Management Agency by ensuring quiet title actions are final, enhancing emergency response efficiency and clarity.

Carried over to 2024 Regular Session.

#acquisition #condemnation #hawaiʻiemergencymanagementagency #property #publiclands

# Summary of Senate Bill 298 (SB 298) ## Purpose and Intent Senate Bill 298 (SB 298) aims to amend existing laws related to the **Hawaii Emergency Management Agency** (HI-EMA) by addressing the acquisition and condemnation of property for emergency management purposes. The bill seeks to streamline processes and enhance the agency's ability to respond effectively to emergencies by clarifying property acquisition procedures. ## Key Provisions - **Repeal of Existing Law**: The bill proposes the repeal of Arkansas Code § 18-60-510, which currently allows individuals to set aside a decree to quiet title to land within three years if they can present a meritorious defense. This change is intended to promote finality in quiet title actions, thereby simplifying property transactions and management for emergency situations. - **Finality in Quiet Title Actions**: By eliminating the ability to set aside decrees, the bill aims to ensure that once a title is quieted, it remains so without the risk of future challenges, thus providing greater certainty for property ownership. ## Impact - **Affected Parties**: The primary stakeholders affected by this bill include: - **Hawaii Emergency Management Agency**: Enhanced ability to acquire necessary properties for emergency management without prolonged legal disputes. - **Property Owners**: Individuals and entities owning land that may be subject to quiet title actions will face a more definitive legal landscape regarding their property rights. - **Legal Professionals**: Changes in the law may impact how attorneys handle property disputes and quiet title actions. ## Procedural Aspects - **Current Status**: SB 298 has been carried over to the **2024 Regular Session** after being introduced on **February 25, 2025**. - **Legislative Actions**: The bill has undergone several readings and committee reviews, with recommendations for passage and amendments. Key dates include: - **March 13, 2025**: The committee on HSH recommended that the measure be passed with amendments. - **March 6, 2025**: The bill passed its first reading and was referred to the appropriate committees. - **March 4, 2025**: The Senate passed the bill in an amended form. ## Conclusion SB 298 represents a significant legislative effort to enhance the operational capabilities of the Hawaii Emergency Management Agency by reforming property acquisition laws. The repeal of the ability to set aside quiet title decrees aims to provide clarity and finality in property ownership, which is crucial during emergency management operations.