HOUSE OF REPRESENTATIVES

H.B. NO.

1523

TWENTY-SIXTH LEGISLATURE, 2011

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to LANDOWNER LIABILITY.

 

 

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

 


     SECTION 1.  Chapter 520, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part    .  liability to NEIGHBORING LANDOWNERS

     §520-A  Duty to maintain premises.  (a)  A landowner owes a duty of care to properly maintain the landowner premises to preserve the property values of adjacent land belonging to a neighboring landowner.

     (b)  Actions constituting a breach of subsection (a) shall include:

     (1)  Failing to keep all visible areas on the premises in a clean, safe, and habitable condition, except for reasonable wear and tear;

     (2)  Failing to provide and maintain appropriate receptacles for the removal of normal amounts of rubbish and garbage, and arrange for the frequent removal of such waste materials from public view;

     (3)  Allowing any part of the premises within public view to retain visible damage amounting to $      or more for more than two weeks;

     (4)  Allowing the premises to remain in a condition that renders the land uninhabitable or poses an imminent threat to the health or safety of those neighboring landowners or their tenants or lessees; or

     (5)  Allowing the premises to remain in a state of noncompliance with any applicable building and housing laws materially affecting health and safety for more than two weeks. 

     Proof that a landowner has received a written notice from the department of health or other state or county agency of a condition on the premises which constitutes a health or safety violation, shall constitute prima facie evidence of a breach.

     §520-B Neighbor's Remedy.  (a)  If a landowner breaches the duty established under section 520-A, any neighboring landowner may file a complaint in district court to recover damages arising from decreased property values adjacent land belonging to the neighboring landowners; provided that the amount of the alleged damages is at least $1000; provided further that the neighboring owner shall first notify the owner of the land of the breach.  The notice shall specify the date by which the owner of land is required to remedy the breach; provided that at least thirty days notice shall be given to the owner of land to remedy the breach.

     (b)  If the breach complained of continues or recurs after the deadline specified in the notice, the neighboring landowner may file an action in district court.

     (c)  Written notice sent to the owner of land's last known address by certified mail, postage prepaid, and return receipt requested shall be deemed sufficient notice.  If the owner of land cannot be determined, notice shall be given in a daily or weekly publication of general circulation in the county where the legal action will be taken.

     (d)  For the purposes of this part "neighboring landowner" means the owner of any land situated adjacent to and within one hundred feet of the land upon which the alleged breach of the duty to maintain the premises occurred."

     SECTION 2.  In codifying the new sections added by section 1 of this Act, the revisor of statutes shall substitute appropriate section numbers for the letters used in designating the new sections in this Act.


     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

_____________________________

 

 



 

Report Title:

Landowner's Liability; Neighbor's Remedy

 

Description:

Establishes a cause of action for neighbors owning land within one hundred feet of land that has not been properly maintained by its owner.

 

 

 

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