HOUSE OF REPRESENTATIVES

H.B. NO.

2085

TWENTY-NINTH LEGISLATURE, 2018

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to private property.

 

 

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

 

     SECTION 1.  Chapter 520, Hawaii Revised Statutes, is amended by designating sections 520-1 through 520-8 as "Part I.  Property Entered for Recreational Purposes", and by adding a new part to be designated "Part II" and to read as follows:

"Part II.  Property Entered for Improvements or Repairs

     §520-9  Purpose.  The purpose of this part is to authorize the owner of a residential dwelling, or the owner's agent, to enter the private property of an abutting owner for the purpose of making improvements or repairs to the entering owner's dwelling under certain conditions; and to limit the abutting owner's liability toward persons entering thereon for those purposes.

     §520-10  Definitions.  As used in this part:

     "Improvements or repairs" includes construction, maintenance, painting, or roofing pertaining to an existing residential dwelling.

     "Owner" means the possessor of a fee interest or lessee.

     "Property" includes land, roads, water, watercourses, and private ways, but does not include buildings or structures.

     §520-11  Authorized entry on private property by abutting residential property owner.  (a)  Subject to subsection (b), the owner of a residential dwelling, or the owner's agent, may enter the private property of an abutting owner for the purpose of making improvements or repairs to the entering owner's dwelling if each of the following conditions are met:

     (1)  The improvements or repairs cannot reasonably be made without entering the abutting property;

     (2)  The owner of the abutting property has refused permission to enter the abutting property; and

     (3)  The entering owner has given prior notice to the chief of police of the applicable county of the entering owner's intent to enter an abutting property pursuant to this part and has posted a bond of $1,000 to protect the abutting owner from damage caused by the entry.

     (b)  The owner of a residential dwelling, or the owner's agent, who enters the private property of an abutting owner pursuant to subsection (a) shall be subject to the following requirements:

     (1)  The entering owner or owner's agent shall enter or remain on the abutting property only between the hours of six a.m. and six p.m.;

     (2)  The entering owner or owner's agent shall reasonably attempt to notify the owner of the abutting property of the specific dates and times that the entering owner or owner's agent intends to enter the abutting property and remain there;

     (3)  The entering owner or owner's agent shall not store material or tools on the abutting property between the hours of six p.m. and six a.m.;

     (4)  The entering owner or owner's agent shall not enter any structure on the abutting property;

     (5)  The improvements or repairs shall be completed in a reasonable amount of time, which shall not exceed thirty days in the aggregate in any calendar year; and

     (6)  Upon completion of the improvements or repairs, the entering owner or owner's agent shall in all respects restore the abutting property to the condition in which it existed prior to the entry.

     §520-12  Duty of care of owner limited.  Except as specifically recognized by or provided in section 520-13, an owner of abutting property entered pursuant to this section owes no duty of care to keep the premises safe for entry by an entering owner or owner's agent, or to give any warning of a dangerous condition, use, structure, or activity on those premises to persons entering for the purpose authorized by this section, or to persons entering for a purpose in response to an entering owner or owner's agent who requires assistance, either direct or indirect, including but not limited to rescue, medical care, or other form of assistance.

     §520-13  Exceptions to limitations  Nothing in this part limits in any way any liability that otherwise exists for wilful or malicious failure to guard or warn against a dangerous condition, use, or structure that the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity that the owner knowingly pursues or perpetuates.

     §520-14  Rights.  No person shall gain any rights to any land by prescription or otherwise, as a result of any authorization provided in this part."

     SECTION 2.  Section 520-1, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§520-1[]]  Purpose.  The purpose of this [chapter] part is to encourage owners of land to make land and water areas available to the public for recreational purposes by limiting their liability toward persons entering thereon for [such] those purposes."

     SECTION 3.  Section 520-2, Hawaii Revised Statutes, is amended to read as follows:

     "§520-2  Definitions.  As used in this [chapter:] part:

     "Charge" means the admission price or fee asked in return for invitation or permission to enter or go upon the land.

     "House guest" means any person specifically invited by the owner or a member of the owner's household to visit at the owner's home whether for dinner, or to a party, for conversation or any other similar purposes including for recreation, and includes playmates of the owner's minor children.

     "Land" means land, roads, water, watercourses, private ways and buildings, structures, and machinery or equipment when attached to realty, other than lands owned by the government.

     "Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person in control of the premises.

     "Recreational purpose" includes but is not limited to any of the following, or any combination thereof:  hunting, fishing, swimming, boating, camping, picnicking, hiking, pleasure driving, nature study, water skiing, winter sports, and viewing or enjoying historical, archaeological, scenic, or scientific sites.

     "Recreational user" means any person who is on or about the premises that the owner of land either directly or indirectly invites or permits, without charge, entry onto the property for recreational purposes."

     SECTION 4.  Section 520-5, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§520-5[]]  Exceptions to limitations.  Nothing in this [chapter] part limits in any way any liability [which] that otherwise exists:

     (1)  For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure [which] that the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity [which] that the owner knowingly pursues or perpetuates.

     (2)  For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for [such] that lease shall not be deemed a charge within the meaning of this section.

     (3)  For injuries suffered by a house guest while on the owner's premises, even though the injuries were incurred by the house guest while engaged in one or more of the activities designated in section [[]520-2[]]."

     SECTION 5.  Section 520-6, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§520-6[]]  Persons using land.  Nothing in this [chapter] part shall be construed to:

     (1)  Create a duty of care or ground of liability for injury to persons or property.

     (2)  Relieve any person using the land of another for recreational purposes from any obligation [which] that the person may have in the absence of this [chapter] part to exercise care in the person's use of [such] that land and in the person's activities thereon, or from the legal consequences of failure to employ [such] that care."

     SECTION 6.  Section 520-7, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§520-7[]]  Rights.  No person shall gain any rights to any land by prescription or otherwise, as a result of any usage thereof for recreational purposes as provided in this [chapter.] part."

     SECTION 7.  Section 520-8, Hawaii Revised Statutes, is amended to read as follows:

     "[[]§520-8[]]  Rules and regulations.  The department of land and natural resources shall [make] adopt rules [and regulations] pursuant to chapter 91, as it deems necessary to carry out the purpose of this [chapter.] part."

     SECTION 8.  Section 708-816, Hawaii Revised Statutes, is amended to read as follows:

     "§708-816  Defense to trespass.  It is a defense to prosecution for trespass as a violation of sections 708-814 and 708-815 that the defendant:

     (a)  [entered] Entered upon and passed along or over established and well-defined roadways, pathways, or trails leading to public beaches over government lands, whether or not under lease to private persons[.]; or

     (b)  Lawfully entered private property for the purpose of making improvements or repairs pursuant to part II of chapter 520."

     SECTION 9.  New statutory material is underscored.

     SECTION 10.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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Report Title:

Private Property; Entry Upon Abutting Property

 

Description:

Authorizes the owner of a residential dwelling to enter abutting private property to complete repairs or maintenance to the entering owner's dwelling under certain conditions.

 

 

 

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