§665-1 Information, hearing, decree. In all cases where real property escheats by law to the State, the attorney general shall file an information in the circuit court of the first circuit, setting forth the facts upon which the claim of the State to the escheat is based. Summons shall be issued as in other actions. The attorney general shall cause the summons to be served upon any person in possession of the property, and shall also cause a copy thereof to be published once a month for three months in a newspaper of general circulation in the State. Upon the hearing of the matter, if the court finds the facts averred in the information substantiated by proof and sufficient in law, it shall make and cause to be entered a decree declaring the property an escheat to the State. [L 1886, c 8, §1; RL 1925, §2913; RL 1935, §4230; RL 1945, §10241; RL 1955, §235-1; HRS §665-1; am L 1972, c 90, §7(a)] Cross References Publication of notice, see §601-13. Case Notes Appellate court erred in concluding that the State's escheat claim did not trigger defendant title insurance company's duty to defend plaintiffs because the State failed to follow the proper procedure for bringing an escheat concluding that the State's escheat claim did not trigger defendant title insurance company's duty to defend plaintiffs because the State failed to follow the proper procedure for bringing an escheat claim under this section; by so concluding, the appellate court improperly tied defendant's duty to defend to the sufficiency or merits of the State's pleading. 126 H. 448, 272 P.3d 1215 (2012).
Hawaii Legal Code