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HI HB1497
Bill
Status
1/25/2017
Primary Sponsor
Linda Ichiyama
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AI Summary
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Establishes a state duty of care to properly maintain state-owned land to prevent damage or nuisance to neighboring private properties, including trimming overgrown vegetation and preventing flooding or erosion.
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Creates a civil cause of action allowing neighboring landowners to seek compensation from the State for breach of this duty after providing written certified notice to the Department of Land and Natural Resources specifying the tax map key, nature of breach, and costs sought.
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Requires the State to respond within 30 days of notice and pay the full amount claimed for actual repair costs and damages, or the neighboring landowner may file a court complaint to recover costs with court expenses paid from the natural area reserve fund.
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Appropriates an unspecified amount from the natural area reserve fund for fiscal years 2017-2018 and 2018-2019 to the Department of Land and Natural Resources for tree and vegetation trimming and maintenance of state lands.
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Effective date is July 1, 2050.
Legislative Description
Relating To State Landowner Liability.
Appropriation ($)
Last Action
Passed Second Reading as amended in HD 1 and referred to the committee(s) on JUD with none voting aye with reservations; none voting no (0) and Representative(s) Ito excused (1).
2/9/2017