HOUSE OF REPRESENTATIVES

 

AMENDMENT TO:

Senate Bill No. 255 SD2 HD1 CD1

 

OFFERED BY:

Representative Cynthia Thielen

 

DATE:

July 8th, 2003

SECTION 1. Senate Bill No. 255, SD2, HD1, CD1, is amended by amending Section 2 to read as follows:

"SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§205-   Private restrictions on agricultural uses and activities; not allowed. Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) on lands classified as agricultural that are subdivided into lots on which dwellings are allowed by county ordinance, and such dwellings are residential rather than agricultural in nature, shall not be restricted by any private agreement contained in any deed, agreement of sale, or other conveyance of land recorded in the bureau of conveyances after the effective date of this section, except leases, utility easements, and access easements, that subject such agricultural lands to any servitude, including but not limited to covenants or equitable and reciprocal negative servitudes. Any such private restriction limiting or prohibiting agricultural use or activity shall be voidable subject to zoning restrictions enacted by the county ordinance pursuant to section 46-4, except that restrictions taken to protect environmental or cultural resources shall not be void or voidable." "