Bill Text: HI HB74 | 2022 | Regular Session | Introduced
Bill Title: Relating To Restrictions On Agricultural Uses And Activities.
Spectrum: Partisan Bill (Democrat 27-0)
Status: (Introduced - Dead) 2021-12-10 - Carried over to 2022 Regular Session. [HB74 Detail]
Download: Hawaii-2022-HB74-Introduced.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
74 |
THIRTY-FIRST LEGISLATURE, 2021 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RESTRICTIONS ON AGRICULTURAL USES AND ACTIVITIES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1.
The legislature finds that subdivisions on agricultural lands have
significantly increased over the past few decades. Homes within these subdivisions are often
marketed as "gentlemen estates" where wealthy individuals can
purchase large parcels of land on which to live and pursue farming as a
hobby. The rise of subdivisions has led
to homeowners' associations, which govern those subdivisions, imposing restrictions
that limit bona fide agricultural uses on agricultural lands.
The legislature further finds that provisions restricting agricultural uses on agricultural lands conflict with article XI, section 3, of the Hawaii State Constitution which mandates that the State "conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency and assure the availability of agriculturally suitable lands." The legislature also finds that Act 170, Session Laws of Hawaii 2004, exempted agricultural leases and utility and access easements from the prohibition of private restrictions on agricultural uses and activities within state agricultural districts, thus prohibiting homeowners' associations from restricting agricultural activities on agricultural lands. However, to avoid impairing any existing contracts, the Act only applied to restrictions made after
July 8, 2003.
The legislature believes that some
homeowners' associations have been circumventing the law by renewing
agricultural restrictions that existed prior to July 8, 2003, claiming that the
renewed terms continue to be exempt from the law despite those agreements, by
their own terms, expiring after 2003.
Bona
fide farmers seeking to enforce the law have been faced with accepting the
restriction or hiring an attorney for a costly lawsuit against the well-funded
homeowners' association.
The purpose of this Act is to clarify that renewed
contracts restricting agricultural uses and activities within agricultural lands
are considered new contracts and are therefore voidable, subject to limited
circumstances.
SECTION 2. Section 205-4.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
"(a) Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) on lands classified as agricultural shall not be restricted by any private agreement contained in any:
(1) Deed, agreement of
sale, or other conveyance of land recorded in the bureau of conveyances after
July 8, 2003, that subject [such] the agricultural lands to any servitude,
including but not limited to covenants, easements, or equitable and reciprocal negative
servitudes; [and] provided that any private agreement under this subsection
that:
(A) Limits
or prohibits agricultural use or activity; and
(B) Is
renewed and recorded in the bureau of conveyances after July 8, 2003,
shall
be considered a new private agreement that is subject to this section; and
(2) Condominium declaration, map, bylaws, and other documents executed and submitted in accordance with chapter 514B or any predecessor thereto.
Any [such] private restriction limiting or prohibiting
agricultural use or activity shall be voidable, subject to special restrictions
enacted by the county ordinance pursuant to section 46-4; except that restrictions
taken to protect environmental or cultural resources, agricultural leases, utility
easements, and access easements shall not be subject to this section."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
INTRODUCED BY: |
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Report Title:
Agricultural Lands; Covenants; Easements
Description:
Disallows the enforcement of a re-recorded homeowners' association restriction if the restriction prohibits bona fide agricultural uses and activities on agricultural land.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.