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HI SB186
Bill
AI Summary
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Clarifies that renewed or re-recorded private agreements restricting agricultural uses on agricultural lands are considered new contracts subject to prohibition, even if the original agreement predated July 8, 2003
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Amends Hawaii Revised Statutes Section 205-4.6(a) to make voidable any private restriction limiting agricultural use or activity on lands classified as agricultural, with exceptions for environmental/cultural resource protections, agricultural leases, utility easements, and access easements
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Addresses homeowners' associations circumventing Act 170 (2004) by renewing pre-2003 agricultural restrictions and claiming exemption based on the original recording date rather than the renewal date
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Applies to all private agreements restricting agricultural uses contained in deeds, agreements of sale, conveyances, condominium declarations, and other recorded documents
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Effective upon approval
Legislative Description
Relating To Restrictions On Agricultural Uses And Activities.
Agricultural Lands
Last Action
Act 094, on 06/25/2021 (Gov. Msg. No. 1196).
6/28/2021