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                                 STAND. COM. REP. NO. 934

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 77
                                     H.D. 1




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary and Hawaiian Affairs, to which
was referred H.B. No. 77 entitled: 

     "A BILL FOR AN ACT RELATING TO REAL PROPERTY ENCROACHMENT,"

begs leave to report as follows:

     The purpose of this bill is to improve the current real
property encroachment laws by:

     (1)  Including industrial property under the de minimus
          structure position discrepancy of 0.25 feet;

     (2)  Disregarding the date at which discrepancies arose; and

     (3)  Making the owner of the property upon which the
          improvement is substantially located responsible when
          the owner who constructed the improvement is not
          readily identifiable.

     Testimony in support of this bill was received from the
Hawaii Association of Realtors, Title Guaranty of Hawaii, and
Real Estate Update, Inc.

     Your Committee finds that the current laws pertaining to de
minimus encroachments already apply to commercial property and
that fairness and equity dictate that they apply to industrial
property as well.


 
 
                                 STAND. COM. REP. NO. 934
                                 Page 2

 
     Your Committee has amended this bill by making technical,
nonsubstantive amendments for purposes of style and clarity.

     As affirmed by the record of votes of the members of your
Committee on Judiciary and Hawaiian Affairs that is attached to
this report, your Committee is in accord with the intent and
purpose of H.B. No. 77, as amended herein, and recommends that it
pass Third Reading in the form attached hereto as H.B. No. 77,
H.D. 1.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary &
                                   Hawaiian Affairs,



                                   ______________________________
                                   PAUL T. OSHIRO, Chair