Report Title:

Real Estate Development; Liability

Description:

Creates strict liability for landowner or developer of land with slope of 20% or more for damage or injury to down-slope property and persons from rock or land slides.

THE SENATE	S.B. NO.	1121
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to land development.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§663-   Land with slope of twenty per cent or more. An owner or developer of any real property having a slope of twenty per cent or more shall be strictly liable for any damage or injury to property or persons caused by the movement of any rocks or earthen material from the owner's or developer's property to down hill properties."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

_____________________________