HomeMy WebLinkAbout2019-03-11 Letter to Chris Lee and Joy San Buenaventura SB 464, SD2 Relating to Private Property
County of Hawai‘i
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County of Hawai‘i is an Equal Opportunity Provider and Employer.
Wil Okabe
Managing Director
Harry Kim
Mayor
Barbara J. Kossow
Deputy Managing Director
March 11, 2019
Representative Chris Lee, Chair
Representative Joy A. San Buenaventura, Vice Chair
Committee on Judiciary
Dear Chair Lee, Vice Chair San Buenaventura, and Committee Members:
RE: SB 464, SD2 Relating to Private Property
Albizia is an attractive but extremely dangerous invasive species. It is hazardous to residents,
travelers, first responders, and anyone in the vicinity of its brittle limbs.
SB 464, SD2, is an attempt to allow landowners, adjacent to a property that has albizia, to take action
to deal with the danger, but within clearly defined limits. This provision is worthy of endorsement—laws should
be passed that are good for the community, and that are limited so as to assure minimal infringement of the
rights of others.
I am concerned that the use of the phrase “control…trees” may not be broad enough to accomplish the
purpose of this bill. I believe the intent should be to “fell and remove” such trees as described in (a) (1) (B) of
the bill, but “control” might be interpreted as something closer to “trimming.” I would suggest that “control” be
replaced by a stronger word or phrase, or a definition be added that states that “control” includes “felling and
removal.” Perhaps copy HRS 194-5, also dealing with invasive species, which uses the phrase “control or
eradication.”
There is a minor typo on page 2, line 13, where the word “that” is repeated.
I hope you will act favorably on SB 464, SD2.
Respectfully Submitted,
Harry Kim
MAYOR