STAND. COM. REP. NO. 390-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2785

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 2785 entitled:

"A BILL FOR AN ACT RELATING TO EASEMENTS,"

begs leave to report as follows:

The purpose of this bill is to allow circuit courts to more readily grant easements of necessity to landlocked parcels.

Hawaiian Electric Company testified in support of the bill. The Department of Transportation, Department of Land and Natural Resources, and Land Use Research Foundation of Hawaii opposed this measure. A concerned citizen commented on this measure.

The issue of landlocked parcels and the provision of easements is a problem that should be examined further. Your Committee understands the concerns raised regarding the identification of easements and compensation for the provision of these easements.

Accordingly, your Committee has amended this measure by:

(1) Requiring that just compensation as determined by a mutually agreed upon appraiser be paid by a landlocked owner who acquires an easement through petitioning of the circuit court; and

(2) Making technical, nonsubstantive amendments for clarity, consistency, and style.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2785, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2785, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair