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HI HB2386
Bill
Status
1/23/2020
Primary Sponsor
Scott Saiki
Click for details
AI Summary
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Amends Hawaii Revised Statutes Section 7-1 to extend gathering rights (firewood, timber, thatch, ki leaf) to landowners and landlords holding fee simple or allodial titles, in addition to tenants.
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Adds new Section 664-— to Chapter 664 establishing a legal framework for easements by necessity, allowing circuit courts to grant easements for landlocked parcels lacking legal access for ingress, egress, or utilities.
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Requires four conditions for granting an easement by necessity: the parcel has no other reasonable access, the owner requires it for proper use and enjoyment, the adjoining parcel is most reasonable to burden, and granting would not overly burden that parcel.
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Sets easement specifications: nonexclusive, maximum 20 feet width overall with 10-foot maximum road width, preferring existing roadways and shortest routes with least damage to the adjoining parcel.
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Requires the landlocked parcel owner to pay just compensation as determined by a mutually agreed appraiser and contribute to easement maintenance; mandates court decision within six months of complaint filing.
Legislative Description
Relating To Property Access.
Circuit Court
Last Action
The committee(s) on WLH recommend(s) that the measure be deferred.
1/31/2020