§674-17 Right to sue, individual claims.

255 words·~1 min read·/hi/chapter-674/674-17

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)An aggrieved individual claimant shall have the right to bring an action, in accordance with this part, in the circuit courts of the State for recovery of actual damages suffered by the claimant arising out of or resulting from a breach of trust which occurred between August 21, 1959, to June 30, 1988; provided that no action shall be filed until after October 1, 1997.

(b)"Aggrieved individual claimant", as used in this section, means an individual claimant whose claim was reviewed by the panel under this chapter and who has filed, no later than October 1, 1999, a written notice with the panel that the claimant does not accept the action taken by the legislature in regular session upon the claim. Any claimant who fails to file a written notice rejecting the action of the legislature upon the claim shall be deemed to have accepted the action taken by the legislature. [L 1991, c 323, pt of §1; am L 1993, c 351, §11; am L 1997, c 382, §6]

Case Notes

Where plaintiffs, having received no affirmative legislative action by the notice-filing deadline, acted properly to preserve their rights by

(1)timely submitting the required written notice rejecting the legislature's action, i.e., deferral that effectively denied all claims, and

(2)filing suit before the corresponding deadline, the conditions of panel "review" and legislative "action" as set forth in the definition of "aggrieved individual claimant" under this section were met. 111 H. 84, 137 P.3d 990 (2006).