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HI HB832
Bill
Status
1/28/2009
Primary Sponsor
Mark Takai
Click for details
AI Summary
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Governor may enter private property at reasonable times to clean streams and waterways to mitigate or prevent flooding or disasters, without requiring an emergency to exist.
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Landowner must receive at least five days written notice by certified mail, or if ownership cannot be determined, notice published in local newspaper, before governor enters property.
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If cleaning is at landowner's expense, notice must inform landowner to clean the stream within specified timeframe or governor will perform cleaning and bill the landowner for costs.
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Governor or agents are not liable for costs in any action or proceeding under this authority.
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If landowner refuses entry, governor may apply to district court for a warrant to enter property with police officer assistance during regular working hours or reasonable times.
Legislative Description
Private Streams and Waterways; State Access for Cleaning
Last Action
Carried over to 2010 Regular Session.
5/11/2009