HOUSE OF REPRESENTATIVES

H.B. NO.

454

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND LIABILITY.

 

 

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- Land with slope of twenty per cent or more; strict liability. (a) An owner of any property having a slope of twenty per cent or more shall be strictly liable for any damage or injury to property or persons caused by the movement of any rocks or earthen material from the owner's property to down-slope property.

(b) As used in this section, "owner" means the possessor of a fee interest, a tenant, a lessee, an occupant, or a person in control of the premises."

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:

_____________________________

 

 


 


 

Report Title:

Liability; Landslides

 

Description:

Creates strict liability for an owner of land with a 20% or more slope for damage or injury to down-slope property and persons from falling rocks, debris, and landslides originating from the owner's property.

 

 

 

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