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HI HB1628

Bill

Status

Introduced

1/26/2011

Primary Sponsor

Faye Hanohano

Click for details

Origin

House of Representatives

2012 Regular Session

AI Summary

  • Adds new section 6E to Hawaii Revised Statutes governing attorney's fees and costs in historic preservation litigation under Chapter 6E.

  • Requires courts to award reasonable attorney's fees and costs to the prevailing party if the non-prevailing party's claim or defense is found to be frivolous.

  • Allows courts to award reasonable attorney's fees and costs to a prevailing party in historic preservation actions even without a finding of frivolousness.

  • Permits courts to assess attorney's fees and costs against the department if it does not prevail and the litigation vindicated an important public policy, was necessary for private enforcement, and benefited a broad number of people.

  • Effective upon approval.

Legislative Description

Historic Preservation

Last Action

Carried over to 2012 Regular Session.

12/1/2011

Committee Referrals

Water, Land, & Ocean Resources1/28/2011

Full Bill Text

No bill text available