HOUSE OF REPRESENTATIVES	H.B. NO.	204
TWENTY-SIXTH LEGISLATURE, 2011
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO CONSERVATION EASEMENTS.

 

 

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

 

     SECTION 1.  The purpose of this Act is to limit the tort liability of owners of land who transfer conservation easements to the State.  More specifically, this Act provides that the owner of land owes no duty of care to keep the easement safe for entry or use by others, or to give any warning of a dangerous condition, use, structure, or activity on such easement.

     SECTION 2.  Chapter 520, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§520-     Transfer of easement to State.  (a)  An owner of land who transfers a conservation easement to the State pursuant to chapter 198 shall be afforded the same protection as to the easement as an owner of land who invites or permits any person to use that owner's property for recreational purposes under section 520-4(a).

     (b)  Chapters 661 and 662 or any other law to the contrary notwithstanding, nothing in this section shall create an obligation, debt, claim, cause of action, claim for relief, charge, or any other liability of any kind whatsoever in favor of any person or entity, without regard to whether that person or entity receives any benefits under this section, against the State or its officers and employees."

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Conservation Easement; Transfer; Land Owner Liability

 

Description:

Limits the tort liability of land owners and the State when a land owner transfers a conservation easement to the State.

 

 

 

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