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HI HB971
Bill
Status
1/28/2009
Primary Sponsor
Mark Takai
Click for details
AI Summary
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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.
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Requires 30 days written notice to the alleged violator before any lawsuit can be filed under this provision.
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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.
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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.
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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