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THE SENATE |
S.R. NO. |
180 |
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THIRTY-SECOND LEGISLATURE, 2023 |
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STATE OF HAWAII |
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SENATE RESOLUTION
Requesting tHAT ALL GOVERNMENTAL BODIES recognize the Legislature'S inTENT THAT trespass laws not apply to a construction crane or other machinery that temporarily intrudes into a neighboring landowner's airspace WHILE USED TO CONSTRUCT AFFORDABLE HOUSING.
WHEREAS, Hawaii is facing a historic affordable housing crisis; and
WHEREAS, public officials and agencies are taking steps to address this crisis by funding and constructing additional affordable housing units; and
WHEREAS, construction of affordable housing sometimes requires that cranes be utilized in airspace over a neighboring property; and
WHEREAS, existing state law establishes a number of offenses in varying degrees relating to trespass, and the enforcement and interpretation of these statutes has frustrated the State's ability to quickly address the housing crisis; and
WHEREAS, the United States Supreme Court has recognized that airspace, apart from the immediate reaches above private land, is part of the public domain; now, therefore,
BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, that governmental bodies are requested to recognize the Legislature's intent that trespass laws not apply to a construction crane or other machinery that temporarily intrudes into a neighboring landowner's airspace; provided that the intrusion does not materially interfere with the landowner's actual use of the premises and is directly related to the construction, maintenance, or repair of affordable housing as defined in section 201H-57, Hawaii Revised Statutes; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chief Justice of the Supreme Court of Hawaii, Attorney General, Prosecutor of the City and County of Honolulu, Prosecutor of the County of Hawaii, Prosecutor of the County of Maui, and Prosecutor of the County of Kauai.
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OFFERED BY: |
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Affordable Housing; Trespass; Airspace; Construction; Cranes