Report Title:

Rockslides; Natural Hazards; Man-Made Hazards; Duty to Inspect

 

Description:

Imposes on a landowner or land occupier a continuing duty to inspect the property for risk of rockslide, landslide, and for natural hazards and man-made hazards that could result in harm to persons or property.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1594

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO the Condition of LAND.

 

 

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

 


     SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§663‑    Landowner duty to inspect; rockslides; natural hazards.  (a)  A land occupier or landowner shall have a continuing duty to inspect, or cause to be inspected, the land owned by the landowner or occupied by the land occupier, as applicable, for risk of rockslide or landslide or the presence of natural or man-made hazard; provided that the inspection shall be made at a frequency and at intervals as appropriate to the measure of the risk, as is reasonable under the circumstances.

     (b)  A land occupier or landlord, as applicable under subsection (a), shall keep written records of each inspection; provided that the written records shall be admissible as evidence in any court proceeding relating to any claim of liability related to a rockslide, landslide, or the presence of a natural or man‑made hazard.

     (c)  This section shall not be deemed to preclude a county from adopting ordinances not less stringent than contained in this section.

     As used in this section:

     "Land occupier" means a person who occupies, resides on, or utilizes land or real estate of a landowner pursuant to a written lease agreement.

     "Landowner" means the possessor of a fee simple absolute title in land or real estate and shall include the State and its political subdivisions in their capacities as owners of public lands.

     "Landslide" means the rapid downward movement of a mass or rock, earth, or artificial fill on a slope.

     "Man-made hazard" means a condition of the land created by an element of human intent, negligence, or error that may cause a rockslide, landslide, or other disaster.

     "Natural hazard" means biological, geological, hydrological, or seismic conditions that may cause a rockslide, landslide, or other disaster, including a hazard potential as defined in section 179D-3.

     "Reasonable under the circumstances" means an effort made under reasonably foreseeable circumstances that would prevent a rockslide, landslide, or natural or man-made hazard from causing harm, including but not limited to:

     (1)  Personal injury or death to persons coming onto the land, or coming onto or occupying surrounding land; or

     (2)  Property damage to surrounding land.

     "Rockslide" means:

     (1)  The usual rapid downward movement of detached segments of hillside or bedrock; or

     (2)  The rock mass that has reached its current position through erosion."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:

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