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HI SB1481
Bill
Status
3/8/2011
Primary Sponsor
Maile Shimabukuro
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AI Summary
S.B. 1481 Summary
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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.
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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.
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Requires written notice of alleged violations and a 30-day cure period before civil action can be commenced.
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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.
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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