Report Title:

Nuisances; Trees

Description:

Codifies civil liability for nuisance trees.

THE SENATE	S.B. NO.	2093
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII

A BILL FOR AN ACT

relating to nuisances.

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

     SECTION 1.  The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"Chapter

CIVIL LIABILITY FOR NUISANCE TREEs

§   ‑1  Definitions.  As used in this chapter:

     "Actual damages" means direct, monetary out‑of‑pocket loss, excluding noneconomic damages as defined in section 663‑8.5 and consequential damages.

     "Endangered tree" means a tree that is listed as an endangered species or threatened species by the United States Fish and Wildlife Service.

     "Exceptional tree" means a tree or stand or grove of trees with historic or cultural value, or that by reason of age, rarity, location, size, esthetic quality, or endemic status is designated by a county arborist advisory committee as worthy of preservation pursuant to chapter 58.

     "Tree" means any object of natural growth.

§   ‑2  Recovery of damages.  (a)  An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.

     (b)  An owner of a tree shall be civilly liable for the cost incurred by an adjoining landowner to trim an overhanging branch or protruding root of the tree if:

     (1)  There is imminent danger of the tree, including an overhanging branch or protruding root, causing harm to adjoining property except for plant life; and

     (2)  The owner of the tree, after notice, does not trim the overhanging branch or protruding root within a reasonable time.

     (c)  An overhanging branch that merely casts shade or drops leaves, flowers, or fruit shall not be deemed to constitute a danger or cause damage for purposes of this section.

     (d)  An adjoining landowner, at the adjoining landowner's expense, at any time, may trim to the adjoining landowner's property line, above or below the surface of the ground, any part of an owner's tree.

     (e)  An action for recovery of damages under this section may be brought in any court of competent jurisdiction, including the small claims division of a district court.

§   ‑3  Exceptional and endangered trees.  Nothing in this chapter shall be construed to apply to an exceptional tree or an endangered tree."

     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.  This Act shall take effect upon its approval.

INTRODUCED BY:

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