Report Title:

Landowner Liability

Description:

Limiting the liability of a landowner to persons entering upon the land without consent.

HOUSE OF REPRESENTATIVES

H.B. NO.

2195

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LANDOWNERS.

 

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

SECTION 1. The legislature finds that many private residential properties are being entered and intruded upon without consent from the landowner by persons attempting to get from a public right of way or public land to other private or public land for recreational purposes, as defined in section 520-2. Many times these intruders use private property or driveways to park their cars along narrow neighborhood streets, making it hazardous for neighborhood children to play and ride their bicycles. These intruders walk through private yards and gardens, use water hoses without permission, and many times leave their trash behind them on the private property.

The purpose of this Act is to limit the liability of a landowner to any person who enters or intrudes upon private property without permission or consent.

SECTION 2. Chapter 520, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§520- Persons entering upon land without consent. An owner of land owes no duty of care to:

(1) Keep the premises safe for entry or use by persons who enter upon the land without the consent of the owner; or

(2) Give any warning of a dangerous condition, use, structure, or activity on the premises to any person entering upon the land without the consent of the owner."

SECTION 2. New statutory material is underscored.

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

INTRODUCED BY:

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