REPORT TITLE:
Development


DESCRIPTION:
Makes public agencies subject to civil action by a private party
for failure to obtain a government permit or if the public agency
is in noncompliance with law.  Allows civil penalties.   

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           555
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO DEVELOPMENT. 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 607-25, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (e) to read as follows:
 
 3      "(e)  In any civil action in this State where a private
 
 4 party sues for injunctive relief or for the levying of civil
 
 5 penalties against another private party or public agency who has
 
 6 been or is undertaking any development without obtaining all
 
 7 permits or approvals required by law from government agencies[:],
 
 8 or is in noncompliance with any of these approvals or their
 
 9 authorizing chapters:
 
10      (1)  The court may award reasonable attorneys' fees and
 
11           costs of the suit to the prevailing party.
 
12      (2)  The court shall award reasonable attorneys' fees and
 
13           costs of the suit to the prevailing party if the party
 
14           bringing the civil action:
 
15           (A)  Provides written notice, not less than forty days
 
16                prior to the filing of the civil action, of any
 
17                violation of a requirement for a permit or
 
18                approval to:
 
19                (i)  The government agency responsible for issuing
 

 
Page 2                                                     
                                     S.B. NO.           555
                                                        
                                                        

 
 1                     the permit or approval which is the subject
 
 2                     of the civil action;
 
 3               (ii)  The party undertaking the development without
 
 4                     the required permit or approval; and
 
 5              (iii)  Any party who has an interest in the property
 
 6                     at the development site recorded at the
 
 7                     bureau of conveyances.
 
 8           (B)  Posts a bond in the amount of $2,500 to pay the
 
 9                attorneys' fees and costs provided for under this
 
10                section if the party undertaking the development
 
11                prevails.
 
12      (3)  Notwithstanding any provision to the contrary in this
 
13           section, the court shall not award attorneys' fees and
 
14           costs to any party if the party undertaking the
 
15           development without the required permit or approval
 
16           failed to obtain the permit or approval due to reliance
 
17           in good faith upon a written statement, prepared prior
 
18           to the suit on the development, by the government
 
19           agency responsible for issuing the permit or approval
 
20           which is the subject of the civil action, that the
 
21           permit or approval was not required to commence the
 
22           development.  The party undertaking the development
 
23           shall provide a copy of the written statement to the
 

 
Page 3                                                     
                                     S.B. NO.           555
                                                        
                                                        

 
 1           party bringing the civil action not more than thirty
 
 2           days after receiving the written notice of any
 
 3           violation of a requirement for a permit or approval.
 
 4      (4)  Notwithstanding any provision to the contrary in this
 
 5           section, the court shall not award attorney's fees and
 
 6           costs to any party if the party undertaking the
 
 7           development applies for the permit or approval which is
 
 8           the subject of the civil action within thirty days
 
 9           after receiving the written notice of any violation of
 
10           a requirement for a permit or approval and the party
 
11           undertaking the development shall cease all work until
 
12           the permit or approval is granted."
 
13      SECTION 2.  Statutory material to be repealed is bracketed.
 
14 New statutory material is underscored.
 
15      SECTION 3.  This Act shall take effect upon its approval.
 
16 
 
17                           INTRODUCED BY:  _______________________