Bill Text: HI HB1987 | 2024 | Regular Session | Introduced
Bill Title: Relating To Affordable Housing.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Introduced - Dead) 2024-01-24 - Referred to JHA, FIN, referral sheet 2 [HB1987 Detail]
Download: Hawaii-2024-HB1987-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1987 |
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THIRTY-SECOND LEGISLATURE, 2024 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to affordable housing.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the severe shortage of affordable housing imposes a tremendous hardship on the residents of the State. This shortage is in part attributable to the high costs to develop property in Hawaii. A concerning potential component of that cost involves securing air rights for construction cranes to swing over surrounding properties to avoid any potential claim for trespass.
Tower cranes transport necessary steel, concrete, large tools, and other building materials required for the construction of housing on the site. The tower crane often stands more than two hundred fifty feet tall, and its horizontal arm, known as the "jib", may extend more than two hundred feet. When not in use, the jib must be left free to swing in the wind; otherwise, a high wind may knock the crane over. In compact urban areas, the free-swinging jib typically intrudes into the unoccupied airspace well above neighboring properties. If the crane's intrusion is deemed a trespass and is enjoined, the project could be indefinitely delayed.
The legislature further finds that the cost of obtaining a license or easement for use of the construction crane may be dependent on the neighboring landowner's cooperation. In some cases, these neighboring landowners are demanding exorbitant sums of money that are not proportional to the actual use of the unoccupied airspace. This cost and potential delay impacts of getting cooperation will ultimately be borne by the future owners of the units being constructed. Furthermore, when adjacent landowners unreasonably restrict a housing project's need to access airspace for a project's tower crane, the restriction negatively affects the State's overall goal of producing more affordable housing as cost effectively as possible.
The legislature additionally finds that states such as Illinois and New Jersey have found that temporary construction cranes and scaffolding do not constitute an actionable trespass because the intrusion does not interfere with the landowner's use of the landowner's property and does not cause harm to the landowner.
While ownership of property is a sacred right in Hawaii, landowners should not be permitted to use their property in such a way as to be injurious to the greater good of the community, nor should they be allowed to unjustly withhold permission for exorbitant sums of money for temporary rights to airspace.
The purpose of this Act is to prohibit a landowner from bringing a private cause of action against a contractor, developer, or owner of affordable housing for trespass in instances where a temporary construction crane or other construction machinery intrudes into the landowner's airspace during construction, repair, or maintenance of affordable housing; provided that the conduct does not materially interfere with the landowner's actual use of the landowner's premises. Additionally, this Act is not intended to discourage contractors, developers, or owners of affordable housing from obtaining the necessary insurance to cover any potential risks to neighboring landowners.
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 liability for temporary use of airspace; affordable housing. (a) Subject to the requirements of
subsection (b), a contractor, developer, or owner of affordable housing shall
be permitted to employ a construction crane or other machinery that temporarily
intrudes into a neighboring landowner's airspace.
(b)
The conduct described in subsection (a) shall not constitute trespass if
it occurs in the airspace above a landowner's premises and the conduct:
(1) Does not
materially interfere with the landowner's actual use of the premises; and
(2) Is directly
related to the construction, maintenance, or repair of affordable housing as
defined in section 201H-57.
(c) No cause of action may be brought by a
landowner based upon a claim of trespass when the conduct meets the criteria
identified in subsections (a) and (b), nor is any independent cause of action
created by this section.
(d) As used in this section, unless the context
otherwise requires:
"Premises" includes any
building or portion thereof, or any real property.
"Trespass" means the entry
into or occupying of the airspace above a landowner's premises or interference
with any asserted property right attributable to that airspace without the
prior authorization, permission, or invitation of the landowner."
SECTION 3 This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect on July 1, 2024.
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INTRODUCED BY: |
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Report Title:
Trespass; Construction Crane; Machinery; Airspace; Temporary Use; Affordable Housing
Description:
Permits a contractor, developer, or owner of affordable housing to employ a construction crane or other machinery that temporarily intrudes into a neighboring landowner's airspace, under certain conditions.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
