Report Title:

Landowner Liability; Trespass

 

Description:

Includes a trespasser entering private land for any purpose in the definition of a recreational user for the purpose of landowner liability.

 

THE SENATE

S.B. NO.

472

TWENTY-FIRST LEGISLATURE, 2001

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LAND USE.

 

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

SECTION 1. The purpose of this Act is to correct an anomaly in the law. There are thousands of miles of private old plantation roads, private cane haul roads, and private rights of way over bridges across gullies and gulches. Most of these are roads and bridges that were developed in connection with sugar growing and harvesting operations, and these private improvements now can be used by the public to access beaches and other recreational areas. The legislature wishes to encourage owners of these private roads and bridges to make them available to the public for recreational purposes by limiting their liability toward persons entering the private land for recreational purposes. Chapter 520, Hawaii Revised Statutes, was enacted to encourage landowners to make land and water areas available to the public for recreational purposes. However, the reduction in liability provided by chapter 520 does not apply if an injured person was merely trespassing on a private road or bridge, as opposed to using it for recreational purposes. To promote the purposes of chapter 520, the legislature finds that there is no basis for differentiation between a trespasser and a recreational user in these circumstances. More to the point, the legislature finds that under the circumstances, there is little reason to hold landowners liable for injuries suffered by trespassers when the State is encouraging those same landowners to open their lands to recreational users.

SECTION 2. Section 520-2, Hawaii Revised Statutes, is amended by amending the definition of "recreational user" to read as follows:

""Recreational user" means any person who is on or about the premises that the owner of land either directly [[]or[]] indirectly invites or permits, without charge, entry onto the property for recreational purposes[.]; provided that "recreational user" shall also include a trespasser who enters the private land of another for any purpose."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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