Bill Text: HI HB518 | 2011 | Regular Session | Introduced
Bill Title: Legal or Traditional Public Access; Written Disclosure
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2011-01-24 - (H) Referred to HSG, AGR, CPC, referral sheet 1 [HB518 Detail]
Download: Hawaii-2011-HB518-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
518 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO ACCESS TO REAL PROPERTY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 508D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§508D- Public access; residential and agricultural real property. (a) In addition to any other requirement under this chapter, the seller or seller's agent shall disclose in writing to the buyer the existence, if any, of:
(1) Any access, including an easement or court-ordered access; and
(2) Any traditional public access of which the seller has actual knowledge,
that burdens or may burden the real property being sold.
(b) This section shall apply to the sale of residential or agricultural real property.
(c) This section shall not apply to the following types of transfers of agricultural real property:
(1) Sale to a co-owner;
(2) Sale to a spouse, parent, or child of the seller;
(3) Transfer by devise, descent, or court order;
(4) Transfer by operation of law, including any transfer by foreclosure, bankruptcy, or partition, or any transfer to a seller's creditor incident to a deed or assignment in lieu of a foreclosure, workout, or the settlement or partial settlement of any preexisting obligation of a seller owed to a creditor and any subsequent sale of agricultural real property by the creditor; and
(5) Sale by a lessor to a lessee resulting from the conversion of land from leasehold to fee simple.
(d) For the purposes of this section:
"Agricultural real property" means fee simple or leasehold real property with permissible uses in accordance with section 205-4.5.
"Buyer" includes a prospective buyer.
"Sale" includes a prospective sale.
"Seller" includes a prospective seller.
"Traditional public access" means access through residential or agricultural real property by the general public that has been established through continuous, open, actual, and hostile use for a period of not less than twenty years."
SECTION 2. This Act shall not apply to any disclosure statement made by a seller in compliance with chapter 508D, Hawaii Revised Statutes, prior to its effective date.
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, 2011.
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INTRODUCED BY: |
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Report Title:
Legal or Traditional Public Access; Written Disclosure
Description:
Requires a seller to disclose in writing to a buyer the existence, if any, of legal or traditional public access that burdens the residential or agricultural real property being sold. Effective July 1, 2011.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
