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HI SB1481

Bill

Status

Engrossed

3/8/2011

Primary Sponsor

Maile Shimabukuro

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Origin

Senate

2011 Regular Session

AI Summary

S.B. 1481 Summary

  • Creates a private right of action allowing individuals to sue in circuit court for injunctive relief when public access is obstructed, with prevailing parties entitled to recover attorney's fees and costs.

  • Expands the definition of obstructions under section 115-9 to include visual impediments and "no trespassing" signs in addition to physical barriers like gates, fences, walls, and vegetation.

  • Requires written notice of alleged violations and a 30-day cure period before civil action can be commenced.

  • Allows the Attorney General to intervene on behalf of the State when requested by the Department of Land and Natural Resources in cases where the State is not already a party.

  • Takes effect July 1, 2050, addressing public access conflicts on Oahu, Maui, and Kauai by protecting residents' and visitors' ability to access beach and shoreline areas.

Legislative Description

Obstruction of Public Access; Cause of Action

Last Action

(H) The committee(s) recommends that the measure be deferred.

3/18/2011

Committee Referrals

Judiciary and Labor1/28/2011

Full Bill Text

No bill text available