Hawaii 2024 Regular Session

Hawaii Senate Bill SB488 Compare Versions

Only one version of the bill is available at this time.

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1	1	THE SENATE S.B. NO. 488 THIRTY-SECOND LEGISLATURE, 2023 STATE OF HAWAII A BILL FOR AN ACT RELATING TO restrictions on agricultural uses and activities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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3	3	THE SENATE S.B. NO. 488
4	4	THIRTY-SECOND LEGISLATURE, 2023
5	5	STATE OF HAWAII
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7	7	THE SENATE
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9	9	S.B. NO.
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11	11	488
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13	13	THIRTY-SECOND LEGISLATURE, 2023
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17	17	STATE OF HAWAII
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31	31	A BILL FOR AN ACT
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37	37	RELATING TO restrictions on agricultural uses and activities.
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43	43	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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47	47	SECTION 1. 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 subjects the agricultural lands to any servitude, including but not limited to covenants, easements, or equitable and reciprocal negative servitudes; provided that any private agreement contained in a conveyance of land recorded on or before July 8, 2003, 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 the prohibition on agricultural use and activity restrictions under this section; provided further that any provision in a private agreement contained in a conveyance of land recorded on or before July 8, 2003, that limits or prohibits agricultural use or activity and has since expired but has not been renewed and recorded in the bureau of conveyances shall be void; and (2) Condominium declaration, map, bylaws, and other documents executed and submitted in accordance with chapter 514B or any predecessor thereto. Any 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 2. New statutory material is underscored. SECTION 3. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________
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49	49	SECTION 1. Section 205-4.6, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:
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51	51	"(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:
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53	53	(1) Deed, agreement of sale, or other conveyance of land recorded in the bureau of conveyances after July 8, 2003, that subjects the agricultural lands to any servitude, including but not limited to covenants, easements, or equitable and reciprocal negative servitudes; provided that any private agreement contained in a conveyance of land recorded on or before July 8, 2003, that:
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55	55	(A) Limits or prohibits agricultural use or activity; and
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57	57	(B) Is renewed and recorded in the bureau of conveyances after July 8, 2003,
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59	59	shall be considered a new private agreement that is subject to the prohibition on agricultural use and activity restrictions under this section; provided further that any provision in a private agreement contained in a conveyance of land recorded on or before July 8, 2003, that limits or prohibits agricultural use or activity and has since expired but has not been renewed and recorded in the bureau of conveyances shall be void; and
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61	61	(2) Condominium declaration, map, bylaws, and other documents executed and submitted in accordance with chapter 514B or any predecessor thereto.
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63	63	Any 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."
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65	65	SECTION 2. New statutory material is underscored.
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67	67	SECTION 3. This Act shall take effect upon its approval.
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71	71	INTRODUCED BY: _____________________________
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73	73	INTRODUCED BY:
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75	75	_____________________________
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81	81	Report Title: Agricultural Lands; Expired Private Agreements; Restrictions Description: Clarifies that any provision in a private agreement contained in a conveyance of land recorded on or before 7/8/2003 that have since expired but have not been renewed and recorded in the bureau of conveyances are prohibited from restricting 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.
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87	87	Report Title:
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89	89	Agricultural Lands; Expired Private Agreements; Restrictions
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93	93	Description:
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95	95	Clarifies that any provision in a private agreement contained in a conveyance of land recorded on or before 7/8/2003 that have since expired but have not been renewed and recorded in the bureau of conveyances are prohibited from restricting bona fide agricultural uses and activities on agricultural land.
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103	103	The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.