HB2350

SECTION 1. The legislature finds that it is in the best interest of the public to provide certainty in the law with respect to the legal duties and obligations of public and private landowners arising from the inherent risks of land failures caused by natural conditions to persons and property outside the boundaries of such land when these risks have not been created or increased by artificial improvements or alterations to the land.

The purpose of this Act is to codify the common law that currently exists in Hawaii with respect to the legal duties and obligations pertaining to damages and injuries caused by natural conditions to property and persons outside the land, except for natural conditions on public land that cause damage or injuries on public roadways.

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Unimproved land Liability

§663-A Definitions. As used in this part:

"Naturally occurring land failure" means any movement of land, including a landslide, debris flow, mudslide, creep, subsidence, rock fall, and any other gradual or rapid movement of land, that is not caused by alterations to, or improvements constructed upon, the land.

"Unimproved land" means any land upon which there is no improvement, construction of any structure, building, facility, or alteration of the land by grading, dredging, or mining that would cause a permanent change in the land area on which it occurs and that would change the basic natural condition that exists on the land.

"Public roadway" means any street, road, or highway owned or maintained by any governmental entity that is open to the general public for vehicular travel.

§663-B Land failure on unimproved land caused by natural condition; liability. (a) A private landowner shall not be liable for any damage, injury, or harm to persons or property outside the boundaries of such land caused by any naturally occurring land failure originating on unimproved land.

(b) A public landowner shall not be liable for any damage, injury, or harm to persons or property outside the boundaries of such land, other than upon a public roadway, caused by any naturally occurring land failure originating on unimproved land owned by the public landowner. With respect to a naturally occurring land failure originating on publicly owned land that causes damage, injury, or harm to persons on a public roadway, normal principles of negligence apply.

§663-C Natural condition. For purposes of this part, the natural condition of land exists notwithstanding minor improvements, such as the installation or maintenance of utility poles, fences, and signage; or minor alterations undertaken for the preservation or prudent management of the unimproved land, such as the installation or maintenance of trails or pathways or maintenance activities, such as forest plantings and weed, brush, rock, boulder, or tree removal."

SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

SECTION 4. 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 that can be given effect without the invalid provision or application, and to this end the provisions of this Act are severable.

SECTION 5. In codifying the new sections added by section 2 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.

SECTION 6. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	2350
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII