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HI HB1140
Bill
Status
1/28/2009
Primary Sponsor
Calvin Say
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AI Summary
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Requires developers and builders to perform rockfall and landslide risk assessments for new residential, commercial, or industrial subdivisions and developments on hillsides with 20% or greater slope grades, including adjacent upslope properties.
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Removes liability for private landowners whose unimproved land causes damage outside their property boundaries through naturally occurring land failures like landslides, rockfalls, or mudslides.
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Authorizes government entities (State and counties) to inspect, maintain, mitigate, or remediate land failure hazards on private property that pose imminent threats to life or property, with civil penalties up to an unspecified amount per day for non-compliance.
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Allows government entities to finance hazard mitigation costs through special assessments on affected property owners based on their pro rata share of assessed property values, or through special county taxes.
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Permits government officials to enter private property without creating a cause of action for the landowner to conduct necessary investigations, inspections, and mitigation work related to land failure hazards.
Legislative Description
Land Failure; Liability; Private Property Mitigation
Last Action
Carried over to 2010 Regular Session.
5/11/2009