STAND. COM. REP. NO. 1387

                                   Honolulu, Hawaii
                                                     , 1999

                                   RE:  H.B. No. 77
                                        H.D. 1
                                        S.D. 1




Honorable Norman Mizuguchi
President of the Senate
Twentieth State Legislature
Regular Session of 1999
State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred H.B. No.
77, H.D. 1, entitled: 

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

begs leave to report as follows:

     The purpose of this bill is to improve the current real
property encroachment laws by:

     (1)  Including industrial property under the de minimus
          structure position discrepancy of 0.25 feet;

     (2)  Making the owner of the property upon which the
          improvement is substantially located responsible when
          the owner who constructed the improvement is not
          readily identifiable; and

     (3)  Eliminating the requirement that the structure position
          discrepancy be in existence on the effective date of
          Act 131, Session Laws of Hawaii 1997, for the law
          regarding de minimus encroachments to apply.

     Your Committee finds that the current laws applicable to de
minimus encroachments on commercial and residential property
should, in fairness, apply to industrial property as well.


 
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                                   STAND. COM. REP. NO. 1387
                                   Page 2


     Testimony in support of this measure was submitted by the
Hawaii Association of Realtors, Real Estate Update, Inc., and
Title Guaranty of Hawaii, Inc.

     Upon further consideration, your Committee has amended this
measure by making a technical, non-substantive change for the
purposes of clarity and style.

     As affirmed by the record of votes of the members of your
Committee on Judiciary that is attached to this report, your
Committee is in accord with the intent and purpose of H.B. No.
77, H.D. 1, as amended herein, and recommends that it pass Second
Reading in the form attached hereto as H.B. No. 77, H.D. 1, S.D.
1, and be placed on the calendar for Third Reading.

                                   Respectfully submitted on
                                   behalf of the members of the
                                   Committee on Judiciary,



                                   ______________________________
                                   AVERY B. CHUMBLEY, Co-Chair



                                   ______________________________
                                   MATTHEW M. MATSUNAGA, Co-Chair

 
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