Report Title:

Land Use Commission; Statute of Limitations

 

Description:

Requires any action enforcing the land use laws to be filed within 180 days from the date any permit, approval, or vested right is issued.

 


THE SENATE

S.B. NO.

1633

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to the land use commission.

 

 

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

 


     SECTION 1.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§205-    Limitation of enforcement action.  (a)  Any action to set aside or cancel any permit, approval, or other vested right granted with regard to the land use laws of this chapter shall be brought within one hundred eighty days from the issuance of the permit, approval, or vested right at issue in the cause.

     (b)  The limitation of this section shall not apply to the enforcement authority of the appropriate county officer or agency established under section 205-12."

     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:

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