HOUSE OF REPRESENTATIVES

H.B. NO.

2043

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE LAND USE COMMISSION.

 

 

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

 


SECTION 1. Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to part I, to be appropriately designated and to read as follows:

"205-   Counties; violation of or failure to enforce land use commission conditions or restrictions for district boundary amendments or special permits. (a) Upon a petition by any party, the land use commission, pursuant to procedures established by the commission, shall investigate and conduct a hearing on any complaint that a county has violated or failed to enforce, pursuant to section 205-12, any condition or restriction imposed by the commission under:

(1) Section 205-4(g) for a land use district boundary amendment; or

(2) Section 205-6(d) for a special permit authorizing unusual and reasonable uses within agricultural and rural districts.

(b) Notwithstanding chapter 46, following an investigation and hearing conducted pursuant to subsection (a), if the commission determines that the county has violated or failed to enforce any condition or restriction, the county shall no longer be authorized to process or act upon permits required for the further development of the project, including but not limited to zoning, subdivision, or grubbing and grading.

The commission shall thereafter be the approving authority for all permits and applications related to the development of the project or approvals related thereto unless the county, or other responsible party in the case of the county's failure to enforce, establishes to the commission's satisfaction that the underlying violation has been or will be timely cured.

(c) In judicial challenges to the land use commission's determination, the complaint shall be filed in the office of the clerk of the supreme court not later than 4:30 p.m. on the twentieth day following the determination by the land use commission and shall be accompanied by a deposit for costs of court as established by rules of the supreme court. The clerk shall issue to the defendants named in the complaint a summons to appear before the supreme court not later than 4:30 p.m. on the tenth day after service thereof.

In judicial challenges to the land use commission's determination the complaint shall be heard by the supreme court in which the complaint was filed as soon as it reasonably may be heard. On the return day, the court, upon its motion or otherwise, may direct summons to be issued to any person who may be interested in the result of the proceedings.

At the hearing, the court shall cause the evidence to be reduced to writing and shall give judgment, stating all findings of fact and of law."

SECTION 2. New statutory material is underscored.

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



Report Title:

Land Use Commission Conditions or Restrictions for District Boundary Amendments and Special Use Permits; County Violation or Failure to Enforce

 

Description:

Upon petition by any party, requires the land use commission to investigate and hold a hearing on county violation or failure to enforce land use conditions or restrictions. Rescinds county permit authority as penalty for violation or failure to enforce. Provides for expedited judicial review. (HB2043 HD1)

 

 

 

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