Bill Text: HI HB1607 | 2011 | Regular Session | Amended
Bill Title: Relating to Range Land Liability
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-03-01 - (H) The committee(s) recommends that the measure be deferred. [HB1607 Detail]
Download: Hawaii-2011-HB1607-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1607 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RANGE LAND LIABILITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to preserve and encourage range land use for livestock grazing, dairying and keeping of equine, bovine and similar livestock. This Act recognizes that the cost of making and keeping large tracts of range land safe for trespassers is impractical and not economically feasible, and limits the liability of range land owners. This measure also grants protections under chapter 520, Hawaii Revised Statutes, to landowners who permit recreational use of range lands.
SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§663- Trespass; no duty of care; liability of owner; rebuttable presumption. (a) An owner of range land owes no duty of care to keep range land safe for entry or use by a trespasser or warn of dangerous natural conditions, range activities, or uses to a trespasser.
(b) There shall be a rebuttable presumption that an owner of range land is not liable to a trespasser for injury, loss, damage, or death occurring on range land.
(c) Nothing contained in this section shall limit the liability of an owner who is grossly negligent, wilfully or wantonly disregards the safety of a trespasser, or intentionally causes injury, damage, or death to a trespasser.
(d) An owner who allows recreational use of range land shall be entitled to the protections of chapter 520, provided that the provisions of chapter 520 are met.
(e) As used in this section:
"Owner" means any person or entity that owns, possesses, or controls range land.
"Range land" means any land exceeding five acres which is used primarily for range use, including livestock grazing, dairying or keeping of equine, bovine and similar livestock. The five acre requirement includes multiple parcels of less than five acres in size that together exceed five acres in the aggregate, when operated as a single venture. Range land includes appurtenant roadways, waterways, buildings, structures, and machinery or equipment attached to the land used in connection with range land activities.
"Trespasser" means the same as in section 708-814(c)."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect on July 1, 2020.
Report Title:
Relating to Range Land Liability
Description:
Limits range land owners' liability in cases of trespass or granted recreational use. Effective July 1, 2020. (HB1607 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
