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Terms Used In Hawaii Revised Statutes 501-213

  • action: includes an administrative enforcement action by any state or county agency, board, or commission against a landowner for a land use violation or a currently unauthorized structure encroaching on public lands, including but not limited to submerged lands or lands within the shoreline, that falls, slides, or comes onto public land, or arises from or benefits an adjoining or abutting private land. See Hawaii Revised Statutes 501-151
  • Contract: A legal written agreement that becomes binding when signed.
  • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
  • Fraud: Intentional deception resulting in injury to another.
  • State: means the State of Hawaii. See Hawaii Revised Statutes 501-20

If any contract claim is prosecuted to recover for loss or damage, or for deprivation of land, or of any estate or interest therein, arising wholly through fraud, negligence, omission, mistake, or misfeasance of the registrar, assistant registrar, or of any of the examiners of title, in the performance of executive or ministerial duties, or of any of the assistants or clerks, in the performance of their respective duties, then the action shall be brought against the state director of finance, as sole defendant. If any action is brought to recover for loss or damage, or deprivation of land, or of any estate or interest therein, arising wholly through any fraud, negligence, omission, mistake, or misfeasance of some person other than the officers and assistants above named, or arising jointly through the fraud, negligence, omission, mistake, or misfeasance of such other person and any such officers and assistants, then the action shall be brought against both the director and such other person as joint defendants.