An applicant for registration of land by accretion shall prove by a preponderance of the evidence that the accretion is natural and permanent and that the land accreted before or on May 20, 2003; provided that:

(1) The State may register land accreted along the ocean after May 20, 2003; and
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Terms Used In Hawaii Revised Statutes 501-33

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • State: means the State of Hawaii. See Hawaii Revised Statutes 501-20
(2) A private property owner whose eroded land has been restored by accretion after May 20, 2003, may file an accretion claim to regain title to the restored portion.

The applicant shall supply the office of planning and sustainable development with notice of the application, for publication in the office’s periodic bulletin in compliance with section 343-3(c)(4). The application shall not be approved unless the office of planning and sustainable development has published notice in the office’s periodic bulletin.

As used in this section, “permanent” means that the accretion has been in existence for at least twenty years. The accreted portion of the land shall be considered within the conservation district. Land accreted after May 20, 2003, shall be public land except as otherwise provided in this section. Prohibited uses are governed by § 183-45.

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