This is usually how kuleana lands are absorbed and lost to its rightful owners.
Hawaii’s quiet title law can be used to establish legal title to such land. However, quieting these “noisy” real estate titles is expensive and therefore doesn’t happen often unless someone with the financial resources and interest in the property becomes engaged.
“This is a big problem in Hawaii,” said one local lawyer who isn’t involved in the Zuckerberg case, but asked not to be named because of sensitivities surrounding the issue.
A contested case with many owners can cost $100,000 or $200,000 or more. For someone to use the law to not only establish title, but to also force a sale requires that they have an ownership claim. For some of the Kauai land, Zuckerberg has done this by purchasing interests from several part-owners.
Keoni Shultz, a partner at the Honolulu law firm Cades Schutte representing Zuckerberg companies in the litigation, said in an email that it’s common for large tracts of land in Hawaii to contain small parcels that lack clear ownership title and have co-owners who might not be aware of what they own.
“Quiet title actions are the standard and prescribed process to identify all potential co-owners, determine ownership, and ensure that, if there are other co-owners, each receives appropriate value for their ownership share,” Schultz said.
Three Zuckerberg companies — Pilaa International LLC, Northshore Kalo LLC and High Flyer LLC — filed eight quiet title lawsuits Dec. 30 in state Circuit Court on Kauai.
In one suit the only named defendant is Oma, a Hawaiian woman who is believed to be the first private owner of one parcel within Zuckerberg’s property. She has no surname, as was tradition in old Hawaii.
Another case names Eliza Kauhaahaa, Annie I and long-deceased defendants including Kelekahi, Palaha, Laka, Lote, Luliana, Kapahu and Kaluuloa.
Some cases filed by Zuckerberg involve properties believed to have no living owners. In this instance, Zuckerberg’s team will have to trace ownership through genealogical records and make valid efforts to identify any living descendents and, if found, notify them so they have an opportunity to participate in the court action.
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