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HOUSE OF REPRESENTATIVES |
H.B. NO. |
94 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 508D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§508D- Public access; beachfront real property. (a) In addition to any other requirement under this chapter, the seller or seller's agent shall disclose in writing to the buyer of beachfront property the existence, if any, of any public access that burdens or may burden the real property being sold.
(b) For the purposes of this section:
"Beachfront property" means property immediately above the high-water mark on any coastal shoreline.
"Buyer" includes a prospective buyer.
"Public access" means access through or across real property for pedestrian travel from a public street or highway to the land below the high-water mark on any coastal shoreline, including access provided by right-of-way or easement.
Public access does not include use of the land below the high-water mark on any coastal shoreline for pedestrian travel.
"Sale" includes a prospective sale.
"Seller" includes a prospective seller."
SECTION 2. This Act shall not apply to any disclosure statement made by a seller in compliance with chapter 508D, Hawaii Revised Statutes, prior to its effective date.
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. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2015.
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INTRODUCED BY: |
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Report Title:
Public Access; Beachfront Real Property; Written Disclosure
Description:
Requires a seller to disclose in writing to a buyer the existence, if any, of public access that burdens the beachfront real property being sold.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.