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HI HB971

Bill

Status

Introduced

1/28/2009

Primary Sponsor

Mark Takai

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • Creates a new private right of action allowing any person to sue in circuit court for injunctive relief against violations of public access obstruction laws, with recovery of costs and reasonable attorney's fees.

  • Requires 30 days written notice to the alleged violator before any lawsuit can be filed under this provision.

  • Expands the definition of "obstruction" in Hawaii Revised Statutes Section 115-9 to include visual and other impediments beyond physical barriers, explicitly adding "no trespassing" signs and vegetation to the list of prohibited obstructions.

  • Adds definitions for "public right-of-way" (roads, paths, or passageways established by dedication, condemnation, customary use, or open and continuous public use) and cross-references existing definitions for public transit areas and corridors.

  • Allows the Attorney General to intervene on behalf of the State in any private action where the State is not already a party, and does not restrict other legal remedies available to enforce public access rights.

Legislative Description

Public Property; Beach and Shoreline Access

Last Action

Carried over to 2010 Regular Session.

5/11/2009

Committee Referrals

Water, Land, & Ocean Resources1/28/2009

Full Bill Text

No bill text available