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HI HB2386

Bill

Status

Introduced

1/23/2020

Primary Sponsor

Scott Saiki

Click for details

Origin

House of Representatives

2020 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • 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.

  • 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

Committee Referrals

Water, Land, & Hawaiian Affairs1/27/2020

Full Bill Text

No bill text available