In re the Trustees Under the Will & of the Estate of Campbell

307 P.3d 163, 130 Haw. 183, 2013 WL 2908106, 2013 Haw. App. LEXIS 363
CourtHawaii Intermediate Court of Appeals
DecidedJune 13, 2013
DocketNo. 30006
StatusPublished

This text of 307 P.3d 163 (In re the Trustees Under the Will & of the Estate of Campbell) is published on Counsel Stack Legal Research, covering Hawaii Intermediate Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re the Trustees Under the Will & of the Estate of Campbell, 307 P.3d 163, 130 Haw. 183, 2013 WL 2908106, 2013 Haw. App. LEXIS 363 (hawapp 2013).

Opinion

Opinion of the Court by

NAKAMURA, C.J.

Petitioners-Appellees James Campbell Company LLC (Campbell), James C. Reynolds, Inc. (Reynolds), and Continental Pacific, LLC (Continental) (collectively referred to as “Petitioners”) are the successors in interest to the Trustees under the Will and of the Estate of James Campbell, Deceased (Trustees), with respect to the property at issue in this appeal. Respondent-Appellant State of Hawai'i (State) is the successor in interest to the Territory of Hawai'i (Territory). See Admissions Act of March 18, 1959, Pub.L. No. 86-3 (hereinafter, “Admissions Act”), § 5(a), 73 Stat. 4, reprinted in, Hawaii Revised Statutes (HRS), vol. 1 at § 5(a) of the Admissions Act.1

In 1934, the Trustees filed Application No. 1095 wjth the Land Court of the Territory of Hawai'i2 to register title to a large area of land located on the North Shore of the Island of O'ahu. A small portion of the land covered by Application No. 1095, which Petitioners describe as approximately 235 acres, is the subject of this appeal (Subject Property). The Territory filed an “Answer and Claim” [185]*185to the Trustees’ application and asserted certain interests in the land sought to be registered. A portion of the Subject Property is derived from Land Commission Awards with Royal Patents and a Royal Patent Grant that contained reservations of mineral or metallic mines in favor of the government. However, in its “Answer and Claim,” the Territory did not assert any claim for the reservation of mineral or metallic mines. The Territory also did not assert a claim for a reserved easement for the free flowage of waters.

On November 30, 1937, the Land Court issued its “Decision” on the Trustees’ Application No. 1095 (Original Decision), which stated that the claims of the Territory had been settled by agreement with the applicants or by exchange deeds filed in the record. The Original Decision held that the Trustees, subject to the exceptions noted, were the owners in fee simple of the lands described in the application. On January 24, 1938, the Land Court issued its original Decree of registration (Original Decree), which resulted in the issuance of the Original Certificate of Title No. 17,854 (Original Certificate of Title). The Original Decree and the Original Certificate of Title, which included the Subject Pi’operty, did not contain a reservation of mineral or metallic mines or an easement for the free flowage of waters with respect to the Subject Property.

Over seventy years after the issuance of the Original Decree and Original Certificate of Title, Petitioners in 2008 initiated the Land Court proceeding that is the subject of this appeal. In 2009, Petitioners filed an “Amended and Restated Petition for Consolidation and Resubdivision, Creation of Shoreline Setback Line, and Designation of Easements” (Amended Petition) regarding the Subject Property. The State filed an answer to the Amended Petition and claimed various interests, including that (1) “[t]he State owns all mineral and metallic mines of every kind or description on the [Subject Property]; including geothermal rights, and the right to remove the same”; and (2) “[t]he State has reserved an easement for the free flowage of any waters through, over, under, and across the [Subject Property.]” The Land Court3 rejected the State’s claims regarding these two interests and did not include them as encumbrances on the Subject Property. On July 16, 2009, the Land Court filed its “Findings of Fact, Decision and Order (Map 176)” and its “Decree (Map 176).”

On appeal, the State argues that the Land Court erred in denying its claim of ownership of all mineral and metallic mines, including geothermal rights, on the Subject Property and its claim of a reserved easement for the free flowage of waters. As explained below, we hold, under the circumstances of this case, that the Land Court did not err in denying these claims. Accordingly, we affirm the Land Court’s “Decision and Order” on the Amended Petition and its “Decree (Map 176).”

BACKGROUND

I.

The Subject Property is derived from four prior land grants:

(1) Land Commission Award 8452 Apa-ña 1, dated March 21, 1854, and Royal Patent No. 5616, dated October 15, 1867, both to A Keohokalole (Royal Patent No. 5616);
(2) Land Commission Award 7130, dated October 1, 1852, and Royal Patent No. 5693, dated April 19,1873, both to Kinima-ka (Royal Patent No. 5693);
(3) Royal Patent Grant No. 550 to Charles Gordon Hopkins, dated March 12, 1851 (Grant No. 550); and
(4) the Deed of King Kamehameha III to Charles Gordon Hopkins, dated September 10, 1851, recorded in the Bureau of Conveyances of the State of Hawai'i in Liber 5, page 153 (Kamehameha III Deed).

Royal Patent No. 5616, Royal Patent No. 5693, and Grant No. 550 were subject to express reservations of mineral or metallic mines in favor of the Hawaiian Government. The Kamehameha III Deed did not contain an express reservation of mineral or metallic mines. None of the four land grants con[186]*186tained a reservation in favor of the government of an easement for the free flowage of waters.

On July 16, 1934, the Trustees filed Application No. 1096 with the Land Court to register title to approximately 15,000 acres of land on the North Shore of 0‘ahu, of which the Subject Property was a small portion. The Trustees’ application was brought pursuant to the then-exiting Land Court Registration Statute (the predecessor of HRS Chapter 501), and the Trustees sought to have their title to the land covered by their application “registered and confirmed as an absolute title.” The Territory filed an “Answer and Claim” to the Trustees’ application, asserting claims of title to and easements over certain of the properties covered by the application.4 The Territory, however, did not claim ownership of any mineral or metallic mines or claim an easement for the free flowage of waters in its “Answer and Claim.”

On November 30, 1937, the Land Court issued its Original Decision in Application No. 1095. With respect to the Territory’s claims, the Original Decision stated that all claims set forth in the Territory’s “Answer and Claim” “have been settled by agreement with the applicants or by exchange deeds filed in the record herein.” On January 24, 1938, the Land Court issued its Original Decree regarding Application No. 1095, which resulted in the issuance of the Original Certificate of Title on that same date. The Land Court decreed that the Trustees “are the owners in fee simple” of the land described in the Original Decree,5 which included the Subject Property, and that the Trustees’ title was subject to various encumbrances. The list of encumbrances set forth in the Original Decree and the Original Certificate of Title does not contain a reservation of mineral or metallic mines or a reserved easement for the free flowage of waters in favor of the government. The Territory did not appeal from the Land Court’s Original Decision or its Original Decree in Application No. 1095.

II.

On July 2, 2008, Petitioners filed a “Petition for Consolidation and Resubdivision, Creation of Shoreline Setback Line, and Designation of Easements” with respect to the Subject Property. On February 12, 2009, Petitioners filed their Amended Petition.

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307 P.3d 163, 130 Haw. 183, 2013 WL 2908106, 2013 Haw. App. LEXIS 363, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-the-trustees-under-the-will-of-the-estate-of-campbell-hawapp-2013.