THE SENATE

S.C.R. NO.

152

THIRTY-SECOND LEGISLATURE, 2023

 

STATE OF HAWAII

 

 

 

 

 

SENATE CONCURRENT

RESOLUTION

 

 

Requesting tHAT ALL GOVERNMENTAL BODIES recognize the Legislature'S inTENT THAT trespass laws not apply to a construction crane or other machinery that temporarily intrudes into a neighboring landowner's airspace WHILE USED TO CONSTRUCT AFFORDABLE HOUSING.

 

 

     WHEREAS, Hawaii is facing a historic affordable housing crisis; and

 

     WHEREAS, public officials and agencies are taking steps to address this crisis by funding and constructing additional affordable housing units; and

 

     WHEREAS, construction of affordable housing sometimes requires that cranes be utilized in airspace over a neighboring property; and

 

     WHEREAS, existing state law establishes a number of offenses in varying degrees relating to trespass, and the enforcement and interpretation of these statutes has frustrated the State's ability to quickly address the housing crisis; and

 

     WHEREAS, the United States Supreme Court has recognized that airspace, apart from the immediate reaches above private land, is part of the public domain; now, therefore,

 

     BE IT RESOLVED by the Senate of the Thirty-second Legislature of the State of Hawaii, Regular Session of 2023, the House of Representatives concurring, that governmental bodies are requested to recognize the Legislature's intent that trespass laws not apply to a construction crane or other machinery that temporarily intrudes into a neighboring landowner's airspace; provided that the intrusion does not materially interfere with the landowner's actual use of the premises and is directly related to the construction, maintenance, or repair of affordable housing as defined in section 201H-57, Hawaii Revised Statutes; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chief Justice of the Supreme Court of Hawaii, Attorney General, Prosecutor of the City and County of Honolulu, Prosecutor of the County of Hawaii, Prosecutor of the County of Maui, and Prosecutor of the County of Kauai.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

Affordable Housing; Trespass; Airspace; Construction; Cranes