Report Title:

Land Use Entitlements

Description:

Estops the revocation of land entitlements where landowner or developer has proceeded in good faith reliance upon government approvals.

 

THE SENATE

S.B. NO.

3141

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO LAND USE ENTITLEMENTS, RECLASSIFICATIONS, ZONING, SUBDIVISIONS, aPPROVED VARIANCES AND PERMITS.

 

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

SECTION 1. Over the course of the last several decades, the judiciary, through judicial activism and judicial legislation, has steadily eroded the fundamental rights of landowners to the beneficial use of their lands in accordance with existing zoning and other land entitlement laws. In many cases, landowners, in reliance on governmental approvals, have proceeded to expend substantial moneys in the development of their lands, only to have the approvals denied upon judicial review. Continuing interpretations of the common law doctrines of laches, equitable estoppel, and vested rights have made these protections meaningless for many landowners.

The purpose of this Act is to codify the doctrine of estoppel in the area of land use and entitlement and not leave its interpretation to judicial review.

SECTION 2. The Hawaii Revised Statutes is amended by adding a new chapter to be appropriately designated and to read as follows:

"CHAPTER

LAND ENTITLEMENTS

-1 Definitions. As used in this chapter, unless the context requires otherwise:

"Agency" means any department, office, board, or commission of the state or county government and includes the council of any county.

"Permit" includes, but is not limited to, any land use reclassification, zoning, subdivision approval, approved variance, or permit

-2 Land entitlements; estoppel. (a) Any person, individual, or successor in interest who receives any land entitlement:

(1) While acting in good faith;

(2) Without fraud or collusion; and

(3) On the affirmative act of any agency;

shall have the permit vest and run with the land, if applicable, and the permit may not be subject to revocation or repeal.

(b) Any aggrieved party, including any agency or court, is estopped from any action to revoke or repeal the permit granted."

SECTION 3. This Act shall apply to any permit obtained prior to its effective date.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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