HOUSE OF REPRESENTATIVES	H.B. NO.	1169
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII

A BILL FOR AN ACT

relating to land use.

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

SECTION 1.  The purpose of this Act is to provide the land use commission with the power to amend, revise, or modify a decision and order granting a district boundary amendment when there has been a finding by the land use commission that a petitioner or its successors or assigns has not adhered to the conditions imposed by the commission.

     SECTION 2.  Section 205-4, Hawaii Revised Statutes, is amended by amending subsection (g) to read as follows:

     "(g)  Within a period of not more than three hundred sixty-five days after the proper filing of a petition, unless otherwise ordered by a court, or unless a time extension, which shall not exceed ninety days, is established by a two-thirds vote of the members of the commission, the commission, by filing findings of fact and conclusions of law, shall act to approve the petition, deny the petition, or to modify the petition by imposing conditions necessary to uphold the intent and spirit of this chapter or the policies and criteria established pursuant to section 205-17 or to assure substantial compliance with representations made by the petitioner in seeking a boundary change.  The commission may provide by condition that absent substantial commencement of use of the land in accordance with [such representations,] representations made to the commission, or absent substantial compliance with the conditions imposed under this chapter, the commission, on its own motion or upon motion by any party or interested person, shall issue and serve upon the party bound by the condition an order to show cause why the property should not revert to its former land use classification or be changed to a more appropriate classification.  [Such conditions] If the commission finds that the petitioner's failure to adhere to or comply with the representations or conditions does not warrant reversion to the land's former land use classification, including by reason of ineligibility, the commission may:

(1) Record a notice of noncompliance on the land with the bureau of conveyances; or

(2) Modify the existing conditions or impose new conditions to ensure compliance with the decision and order.

All conditions imposed under this subsection, if any, shall run with the land and be recorded in the bureau of conveyances."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

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

INTRODUCED BY:

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Report Title:

Land Use Commission; Imposed Conditions on Land; Land Classification

Description:

Provides the land use commission with greater enforcement flexibility in situations where conditions, necessary to be met for a property's land reclassification, are unmet by the petitioner.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.