Bill Text: HI HB1241 | 2024 | Regular Session | Amended
Bill Title: Relating To Right Of Entry For Professional Surveyors.
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed) 2023-12-11 - Carried over to 2024 Regular Session. [HB1241 Detail]
Download: Hawaii-2024-HB1241-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1241 |
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THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO RIGHT OF ENTRY FOR PROFESSIONAL SURVEYORS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that professional land surveyors require reasonable access over and across certain private properties at reasonable times in the regular course of their work to conduct a survey of common property boundaries that are used to determine the legal interests of parties in real property. A professional land surveyor requires access to:
(1) Retrace record boundary lines;
(2) Recover or reestablish boundary monuments or survey controls; and
(3) Locate rights-of-way or improvements with positional discrepancies.
Without a right of entry, a professional land surveyor conducting a land survey is often subject to trespass laws or encounters conditions and hazards that prohibit the land surveyor from conducting a land survey required to ensure the public's interest in maintaining a sound and uniform real property system.
The purpose of this Act is to establish a right of entry for professional land surveyors and their assistants to conduct a survey that protects the private property interests of property owners and the public interest in maintaining the integrity of a sound uniform real property system.
SECTION 2. Chapter 464, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§464- Professional
land surveyor right of entry to private property; notification; identification. (a) Except as otherwise provided in this section,
a professional land surveyor licensed pursuant to this chapter and any
assistant under the direct supervision of the land surveyor may enter the
private property of the landowner of the real property to be surveyed and any
adjoining lands, but not any building, structure, residence, or vehicle, at
reasonable times to perform land surveying at the request of the landowner of,
or person with an interest in, the real property to be surveyed.
(b) If
the requested survey of real property may require entry to adjoining lands, the
land surveyor shall give at least seven days written notice of the intention to enter the private property to be
surveyed and any adjoining lands.
The written notice shall include:
(1) The name of the
landowner of, or person with an interest in, the real property to be surveyed
and the name of the landowner or occupier of the adjoining lands to be
accessed;
(2) The date and
time the survey work is scheduled to be performed;
(3) A description
of the work to be performed and the approximate duration that the land surveyor
will be on the real property to be surveyed and adjoining lands;
(4) The name and
contact information of the land surveyor who will perform the work;
(5) A statement
that the landowner or occupier of the adjoining lands may refuse entry by
making a timely written objection; and
(6) A statement of
the date, time, and method by which the landowner or occupier of the adjoining
lands may object.
Written
notice sent from the land surveyor to the last known address of the landowner
or occupier of the adjoining lands by certified mail shall be deemed sufficient
notice for the purposes of this section.
Upon
receiving written notice pursuant to this subsection, the landowner or occupier
of the adjoining lands must give written notice objecting to the land surveyor's
entry to the adjoining lands no later than twenty-four hours before the date
and time the survey work is scheduled to be performed.
If the landowner or occupier of the adjoining
lands makes a timely objection, the land surveyor and any assistant under the
direct supervision of the land surveyor shall not be authorized to enter the
adjoining lands pursuant to this section. If the landowner or occupier of the adjoining
lands does not make a timely objection, the land surveyor and any assistant
under the direct supervision of the land surveyor shall be authorized to enter the
adjoining lands pursuant to this section.
(c)
The land surveyor shall carry identification, which shall include a
valid government-issued photo identification and:
(1) The certificate
of licensure with the license number issued pursuant to this chapter, or a
facsimile thereof; or
(2) A seal or stamp,
or facsimile thereof, authorized pursuant to section 464-11; and
a copy of the notice submitted pursuant to this
section."
SECTION 3. Section 708-813, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Subsection (1) shall not apply to [a]:
(a) A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform their legal duties and to serve process upon any of the following:
[(a)] (i) An owner or occupant of the land or
premises;
[(b)] (ii) An agent of the owner or occupant of
the land or premises; or
[(c)] (iii) A lessee of the land or premises[.];
or
(b) A professional
land surveyor, or assistant under the direct supervision of the land surveyor,
who enters or remains in or upon the land or premises of another, in accordance
with section 464- , for the purpose of performing land
surveying at the request of the landowner of, or person with an interest in,
the real property to be surveyed."
SECTION 4. Section 708-814, Hawaii Revised Statutes, is amended by amending subsection (2) to read as follows:
"(2) Subsection (1) shall not apply to [a]:
(a) A process server who enters or remains in or upon the land or premises of another, unless the land or premises are secured with a fence and locked gate, for the purpose of making a good faith attempt to perform the process server's legal duties and to serve process upon any of the following:
[(a)] (i) An owner or occupant of the land or
premises;
[(b)] (ii) An agent of the owner or occupant of
the land or premises; or
[(c)] (iii) A lessee of the land or premises.
For the purposes of this [subsection,]
paragraph, "process server" means any person authorized under
the Hawaii rules of civil procedure, district court rules of civil procedure,
Hawaii family court rules, or section 353C-10 to serve process[.]; or
(b) A
professional land surveyor, or assistant under the direct supervision of
the land surveyor, who enters or remains in or upon the
land or premises of another, in accordance with section 464- ,
for the purpose of performing land surveying at the request of the landowner
of, or person with an interest in, the real property to be surveyed."
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.
SECTION 6. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 7. This Act shall take effect on June 30, 3000.
Report Title:
Land Surveyors; Assistants; Right of Entry; Private Property; Trespass
Description:
Authorizes professional land surveyors and their assistants to enter private property to perform land surveying, subject to certain provisions. Shields land surveyors and their assistants from prosecution under criminal trespass laws when performing their duties. Effective 6/30/3000. (HD2)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
