STAND. COM. REP. NO. 128-04

Honolulu, Hawaii

, 2004

RE: H.B. No. 2894

 

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Water, Land Use, and Hawaiian Affairs and Agriculture, to which was referred H.B. No. 2894 entitled:

"A BILL FOR AN ACT RELATING TO ACCESS TO REAL PROPERTY,"

beg leave to report as follows:

The purpose of this bill is to require a seller to disclose in writing to a buyer the existence, if any, of legal or traditional public access whenever residential or agricultural real property is put up for sale.

The Native Hawaiian Legal Corporation and a concerned individual testified in support of this bill.

Your Committees find that the requirement contained in this bill is an effective method for conveying important information about rights incident to real property in a manner that does not unduly burden a potential seller of land. Such a mechanism would help to prevent costly litigation over access rights in our courts. Furthermore, a requirement of this sort would at least put parties on notice of potential problems so that investment decisions can be made with an awareness of issues that may arise as a result of the purchase of real property.

As affirmed by the records of votes of the members of your Committees on Water, Land Use, and Hawaiian Affairs and Agriculture that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2894 and recommend that it pass Second Reading and be referred to the Committee on Judiciary.

 

Respectfully submitted on behalf of the members of the Committees on Water, Land Use, and Hawaiian Affairs and Agriculture,

 

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FELIPE P. ABINSAY, JR., Chair

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EZRA R. KANOHO, Chair