Report Title:
Mandatory Seller Disclosures; Proximity to Agricultural Lands
Description:
Require sellers of residential property to
include in the disclosure statement provided to buyers the existence of agricultural lands within 1,000 lineal feet of the sale property. (SD1)|
THE SENATE |
S.B. NO. |
953 |
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TWENTY-THIRD LEGISLATURE, 2005 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to real property disclosures.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that inadequate disclosure by sellers and developers of residential property located near agricultural land leads to lawsuits and complaints by buyers against agricultural and livestock operations that are located near residential property. This results in costly litigation and undue hardship for Hawaii's agriculture industry.
Agricultural-zoned lands are now being re-zoned or re-classified for non-agricultural use, including subdivisions for residential units, due to the demise of sugar and pineapple operations. The agricultural operations remaining on these former sugar and pineapple lands, such as diversified agriculture, use agricultural chemicals, fertilizers, and machinery that cause mud, dust, spray drifts, noise, and odors.
The purpose of this Act is to require sellers of residential property to
disclose to buyers the close proximity of agricultural lands by including this geographic information in the disclosure statement provided to buyers.SECTION 2. Section 508D-15, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) When residential real property lies:
(1) Within the boundaries of a special flood hazard area as officially designated on Flood Insurance Administration maps promulgated by the United States Department of Housing and Urban Development for the purposes of determining eligibility for emergency flood insurance programs;
(2) Within the boundaries of the noise exposure area shown on maps prepared by the department of transportation in accordance with Federal Aviation Regulation Part 150-Airport Noise Compatibility Planning (14 Code of Federal Regulations Part 150) for any public airport;
(3) Within the boundaries of the Air Installation Compatibility Use Zone of any Air Force, Army, Navy, or Marine Corps airport as officially designated by military authorities; [or]
(4) Within the anticipated inundation areas designated on the department of defense's civil defense tsunami inundation maps; or
(5) Within one thousand lineal feet of any parcel of land zoned or classified for agricultural use as shown on maps adopted by the counties or the land use commission;
subject to the availability of maps that designate the [four] five areas by tax map key (zone, section, parcel), the seller shall include such material fact information in the disclosure statement provided to the buyer subject to this chapter. Each county shall provide, where available, maps of its jurisdiction detailing the [four] five designated areas specified in this subsection. The maps shall identify the properties situated within the [four] five designated areas by tax map key number (zone, section, parcel) and shall be of a size sufficient to provide information necessary to serve the purposes of this section. Each county shall provide legible copies of the maps and may charge a reasonable copying fee."
SECTION 3. If any provision of this Act, or the application thereof to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the Act, which can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.