Hawaii is vigorously protesting “NO KING – NO TYRANT – NO ICE ” to demand constitutional Due Process for all.
Yet, four (4) Hawaii State House Representatives – Sean Quinlan, Scott Matayoshi, Lisa Marten, and Ikaika Olds – have introduced House Bill 1861 aka HB29 to deny DUE Process to all Hawaii counties.
HB1861 (2026) authorizes counties to sell property through non-judicial foreclosure as a way to collect unpaid civil fines. Owners cannot go to court to explain or protect themselves. Period. Judicial Due Process is denied.
Yet, four (4) Hawaii State House Representatives – Sean Quinlan, Scott Matayoshi, Lisa Marten, and Ikaika Olds – have introduced House Bill 1861 aka HB29 to deny DUE Process to all Hawaii counties.
HB1861 (2026) authorizes counties to sell property through non-judicial foreclosure as a way to collect unpaid civil fines. Owners cannot go to court to explain or protect themselves. Period. Judicial Due Process is denied.
This stealth anti Due Process agenda has been happening for five years!
The Honolulu County Blangiardi Administration spear-headed this hamajang in 2021 through House Bill 1434 /Senate Bill 2110 – requesting a new NON-JUDICIAL Power of Sale based on the Department of Planning and Permitting (DPP) civil fines. The Mayor’s DPP Director testified that existing “Eminent Domain” was too slow, took manpower, and resources.
Can you trust the troubled DPP to be your Police, Prosecutor, Judge, Jury, and Executioner?
Look at Kalihi, Kamuki, Kailua, Kaneohe, Kahuku. Look at Waimanalo, Waianae, Wahiawa and Whitmore. What about Palolo, Mo’ili’ili, Sunset Beach, and Haleiwa? How many residents have turned their garages into extra living space or other additions to accommodate generational living or a little extra income to help pay for their mortgage? Is housing a huge problem in Hawaii?
This ill-thought unconstitutional bill will turn Hawaii’s private property owners and renters into perennial sitting ducks. The long arm of the government will be allowed to create a new source of revenue, bully, do political mischief, or issue violations at will that can morph into significant fines, ripe for non-judicial foreclosure.
Which legislator in 2026 would deny basic Constitutional Due Process Rights (through HB1861) as a “quick solution” to various issues some Counties have no will to manage.
No amount of contorted promises of “Due Process” through county appeals can justify this sweeping unconstitutional invasion and violation of Civil Rights to all Hawaii.
HB1861 aka HB29 is burning down a Cathedral to fry an egg.
Give Voice Now. Don’t complain AFTER-THE-FACT. Contact your legislators, Mayors, and City Councils. Elected legislators must stay inside the Constitutional Path for the Public Good.
Kill HB1861 hamajang!
Nothing good can come out by giving the long arm of government MORE new powers to control its people.
STATUS OF HB1861 ONLY Representatives Garcia, Gedeon, Pierick, Shimizu voting no. “Reservations is a YES vote.”
2/17/2026
H
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) Alcos, Amato, Matsumoto voting aye with reservations; Representative(s) Garcia, Gedeon, Pierick, Shimizu voting no (4) and Representative(s) Cochran, Lee, M., Poepoe excused (3).
2/17/2026
H
Reported from WAL (Stand. Com. Rep. No. 339-26) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
2/10/2026
H
The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 7 Ayes: Representative(s) Hashem, Morikawa, Ichiyama, Woodson, Souza; Ayes with reservations: Representative(s) Belatti, Poepoe; 2 Noes: Representative(s) Iwamoto, Shimizu; and Excused: none.
2/6/2026
H
Bill scheduled to be heard by WAL on Tuesday, 02-10-26 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
1/26/2026
H
Referred to WAL, JHA, referral sheet 2 (FINANCE COMMITTEE IS DELETED in 2026. FINANCE COMMITTEE DEFERRED SIMILAR BILL HB29 in 2025.)
“Josh soon discovered who the camouflaged prowler was. Game wardens from the Virginia Department of Wildlife Resources had sneaked onto his land to search for evidence of hunting violations.“
This is quite a story from the Institute of Justice. If you ever have questions as to who to donate to, this is the group to support.
REPRINT:
Josh Highlander bought 30 acres of land in Virginia at the end of a quiet residential street lined with single-family homes. He built a home there surrounded by woods. And he posted “no trespassing” signs around the perimeter of the property. Surely that was enough to secure his family’s right to privacy and seclusion on their own land, right?
Wrong, at least according to game wardens in Virginia and around the country. Ironically, they see the very things that most people think of as sources of privacy—like living on a large piece of property surrounded by nature—as an invitation to snoop on private land without a warrant. The U.S. Supreme Court greenlit these intrusions almost 100 years ago during Prohibition, when it held that the Fourth Amendment does not protect “open fields.” Under this misguided theory, the woods and fields around your home are not sources of seclusion but opportunities for government surveillance.
Josh found this out the hard way. His wife and young son were playing basketball in the yard when the ball rolled toward the woods. As Josh’s wife went to retrieve it, she noticed among the trees a stranger dressed in full camouflage. Alarmed, she rushed inside to alert Josh. By the time he got outside, the intruder was gone, but the violation of his family’s privacy remained. For weeks afterward, his son was afraid the stranger might be lurking in the woods again and wouldn’t go outside alone.
Josh soon discovered who the camouflaged prowler was. Game wardens from the Virginia Department of Wildlife Resources had sneaked onto his land to search for evidence of hunting violations. Earlier that day, game wardens had accused Josh’s brother of hunting over bait (an accusation he denies) miles away in a different county. Josh has never been cited for violating hunting regulations, but that day his family ties apparently cast suspicion on him, too.
What happened to Josh and his family is no aberration. Around the country, game wardens and other law enforcement routinely trespass on private land without a warrant to hunt for evidence. A key goal of IJ’s Project on the Fourth Amendment is to put an end to these warrantless intrusions onto private land. Our suit protecting Josh’s privacy under the Virginia Constitution joins IJ’s growing body of work fighting similar warrantless searches of open fields under the Pennsylvania and Tennessee constitutions.
As more state courts reject the misguided open fields doctrine, we hope to eventually persuade the U.S. Supreme Court to abandon the doctrine, too. But whether in federal court or state by state, we’ll continue this fight until all Americans regain their right to be secure against warrantless searches of their private land.
