HB1497.DOC

Section 1. The legislature finds that the State is the largest landowner in Hawaii, and owns approximately 1,540,000 acres, including more than 1,000,000 acres on the island of Hawaii, 156,000 acres on Kauai, 128,000 acres on Maui and 85,000 acres on Oahu. The legislature further finds that in many cases, the State owns land that adjoins private homeowners or other landowners. The legislature recognizes that all adjoining landowners, including the State, have mutual rights, duties, and liabilities. Because other landowners are expected to use their property reasonably without causing damage to or imposing a nuisance on the adjacent land of neighboring landowners, the State should also maintain its land by trimming overgrown trees and vegetation and addressing conditions that may cause flooding, erosion, or other damage on adjoining properties.

Accordingly, the purpose of this Act is to address state landowner liability by:

(1) Creating a civil cause of action against the State for failure to properly maintain its lands; and

(2) Appropriating funds for necessary maintenance of state lands.

SECTION 2. Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§662- Duty to maintain state land; remedies for breach. (a) The State owes a duty of care to properly maintain any parcel of state-owned land to avoid causing damage to or imposing a nuisance on the adjacent land of neighboring landowners.

(b) Actions constituting a violation of subsection (a) shall include:

(1) Failing to keep all areas on the state-owned parcel in a clean and safe condition, except for reasonable wear and tear;

(2) Failing to trim the state-owned parcel's overgrown trees and plants; or

(3) Allowing the state-owned parcel to remain in a condition that poses an imminent threat to the health or safety of neighboring landowners or their tenants or lessees.

(c) If the State breaches the duty established under this section, then in addition to any remedies provided by this chapter or applicable law, any neighboring landowner may seek relief pursuant to this section; provided the neighboring landowner shall first notify the State of the breach by sending the department of the attorney general a written notice by certified mail, postage prepaid, and return receipt requested. The notice shall specify:

(1) The tax map key number of the relevant state parcel;

(2) The nature of the breach;

(3) Whether the State may remedy the breach by:

(A) Compensating the landowner a specified sum for the breach;

(B) Repairing the condition that caused the breach; or

(4) The date by which the State is required to remedy the breach; provided that the State shall have at least thirty days to remedy the breach from the date of its receipt of the written notice.

(d) Unless subsection (e) applies, if the breach is not remedied by the deadline specified in the notice issued pursuant subsection (c), the neighboring landowner may file an action in court for the remedy specified pursuant to subsection (c)(3).

(e) If the neighboring landowner elects to repair the condition causing the breach at the neighboring landowner's expense and receive compensation from the State for the repair, the neighboring landowner:

(1) May enter the state parcel, after the deadline specified in the notice issued pursuant to subsection (c), to the extent necessary for the limited purpose of repairing the condition that is causing damage or is the source of the nuisance to the neighboring landowner's land; provided that the neighboring landowner may elect to utilize the services of agents for this purpose, including any contractors and assistants, employees, or agents of the contractor; provided further that a person acting in good faith pursuant to this subparagraph shall be immune from criminal or civil liability for trespass upon the state parcel;

(2) After the completion of repairs pursuant to paragraph (1), shall submit to the State through the department of the attorney general a written notice by certified mail, postage prepaid, and return receipt requested. The notice shall specify:

(A) The sum sought as compensation for actual costs incurred by the neighboring landowner for the repairs;

(B) If applicable, the sum sought as compensation for any damages caused by the breach;

(C) The date by which the State shall submit payment; provided that the State shall have thirty days after the notice is received by the State to submit payment in full to the landowner; and

(3) Upon the State's failure to submit payment in full by the deadline specified pursuant to paragraph (2)(C), may file a complaint in court to recover the actual costs incurred by the neighboring landowner for the repairs and, if applicable, compensation for any damages caused by the breach.

(f) For the purposes of this section, "neighboring landowner" means the owner of any land situated adjacent to and within one hundred feet of the land upon which the alleged breach of the duty to maintain the premises occurred."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2017-2018 and the same sum or so much thereof as may be necessary for fiscal year 2018-2019 for tree and vegetation trimming and other necessary maintenance of state lands.

The sums appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 4. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2017.

INTRODUCED BY:	_____________________________

HOUSE OF REPRESENTATIVES	H.B. NO.	1497
TWENTY-NINTH LEGISLATURE, 2017
STATE OF HAWAII