Bill Text: HI SB2530 | 2014 | Regular Session | Introduced

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Bill Title: Vegetation; Encroachment; Trespass

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2014-01-21 - Referred to JDL. [SB2530 Detail]

Download: Hawaii-2014-SB2530-Introduced.html

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THE SENATE	S.B. NO.	2530
TWENTY-SEVENTH LEGISLATURE, 2014
STATE OF HAWAII

A BILL FOR AN ACT

 

 

Relating to vegetation.

 

 

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

 

     SECTION 1.  Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§663-    Encroachment of vegetation; landowner liability.  (a)  Vegetation, including overhanging branches or tree limbs, that encroaches over a landowner's property line shall constitute trespass.  An aggrieved landowner shall not have to demonstrate physical harm or damage to the landowner's property before seeking remedy for the encroaching vegetation.

     (b)  When vegetation encroaches onto a landowner's property, an aggrieved landowner shall have the following recourse:

     (1)  To exercise a self-help remedy by removing the vegetation to the extent the landowner's property is encroached, but not beyond the property line of the neighboring property; and

     (2)  To recoup from the trespasser any reasonable expenses incurred in the course of exercising a self-help remedy."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun before its effective date.

     SECTION 3.  New statutory material is underscored.

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

 

INTRODUCED BY:	_____________________________

 

 

Report Title:

Vegetation; Encroachment; Trespass

 

Description:

Establishes that encroaching vegetation such as tree limbs and branches constitutes trespass, and an aggrieved landowner does not have to demonstrate physical harm or damage to the property before taking action to remedy the encroachment.  Specifies that an aggrieved landowner may trim the vegetation back to the property line as well as seek reimbursement from the trespasser for any reasonable expenses incurred in such recourse.

 

 

 

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