Report Title:

Relating to the Exemption of Leases and Utility and Access Easements.

Description:

Exempts agricultural land leases and access and utility easements from the prohibition of private restrictions on agricultural uses and activities within State agricultural districts. (HB2338 HD2)

HOUSE OF REPRESENTATIVES

H.B. NO.

2338

TWENTY-SECOND LEGISLATURE, 2004

H.D. 2

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO THE EXEMPTION OF LEASES AND UTILITY AND ACCESS EASEMENTS.

 

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

SECTION 1. Section 205-4.6, Hawaii Revised Statutes, is amended to read as follows:

"[[]205-4.6[]] Private restrictions on agricultural uses and activities; not allowed. Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) on lands classified as agricultural shall not be restricted by any private agreement contained in any deed, [lease,] agreement of sale, or other conveyance of land recorded in the bureau of conveyances after July 8, 2003, that subject such agricultural lands to any servitude, including but not limited to covenants[, easements,] or equitable and reciprocal negative servitudes. The provisions of this section do not apply to:

(1) Leases, licenses, permits, or other tenancies of land and improvements intended for agricultural uses or activities;

(2) Easements for utilities, waterlines, ditches, drainage or flowage of water, telecommunications facilities, sewer lines, access, or such similar easements; or

(3) Rights of entry or other short-term agreements.

Any such private restriction limiting or prohibiting agricultural use or activity shall be voidable subject to special restrictions enacted by the county ordinance pursuant to section 46-4, except that restrictions taken to protect environmental or cultural resources shall not be void or voidable."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect on July 1, 2050.