STAND. COM. REP. NO. 407

                                 Honolulu, Hawaii
                                                   , 1999

                                 RE: H.B. No. 77
                                     




Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Water and Land Use, to which was referred
H.B. No. 77 entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to resolve discrepancy issues by
including industrial property to the types covered by the
structure position discrepancy law and provides for
responsibility for encroachment in cases where the party
originally responsible for the improvement is not known.  

     Your Committee received testimony as follows:

     1.   Real Estate Update Inc., Hawaii Association of
          Realtors, Title Guaranty of Hawaii, one private
          citizen, in support; and 

     2.   Hawaiian Electric Company, in opposition.

     Your Committee finds that this bill helps to address a very
contentious issue, but that other concerns remain for the
Committee on Judiciary and Hawaiian Affairs to resolve, such as
how the bill would apply to encroachment on easements.  

     As affirmed by the record of votes of the members of your
Committee on Water and Land Use that is attached to this report,
your Committee is in accord with the intent and purpose of H.B.
No. 77 and recommends that it pass Second Reading and be referred
to the Committee on Judiciary and Hawaiian Affairs.


 
                                 STAND. COM. REP. NO. 407
                                 Page 2

 
                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Water and Land
                                   Use,



                                   ______________________________
                                   Romy M. Cachola, Chair