Hawaii

Recreational Use/Recreational Trespass Laws

HRS 520-1 through 520-6

§ 520-4. Liability of owner limited

(a) Except as specifically recognized by or provided in section 520-6, an owner of land who either directly or indirectly invites or permits without charge any person to use the property for recreational purposes does not:
(1) Extend any assurance that the premises are safe for any purpose;
(2) Confer upon the person the legal status of an invitee or licensee to whom a duty of care is owed;
(3) Assume responsibility for, or incur liability for, any injury to person or property caused by an act of omission or commission of such persons; and
(4) Assume responsibility for, or incur liability for, any injury to person or persons who enter the premises in response to an injured recreational user.

(b) An owner of land who is required or compelled to provide access or parking for such access through or across the owner's property because of state or county land use, zoning, or planning law, ordinance, rule, ruling, or order, to reach property used for recreation purposes, or as part of a habitat conservation plan, or safe harbor agreement, shall be afforded the same protection as to such access, including parking for such access, as an owner of land who invites or permits any person to use that owner's property for recreational purposes under subsection (a).

§ 520-5. Exceptions to limitations

Nothing in this chapter limits in any way any liability which otherwise exists:

(1) For wilful or malicious failure to guard or warn against a dangerous condition, use, or structure which the owner knowingly creates or perpetuates and for wilful or malicious failure to guard or warn against a dangerous activity which the owner knowingly pursues or perpetuates.

(2) For injury suffered in any case where the owner of land charges the person or persons who enter or go on the land for the recreational use thereof, except that in the case of land leased to the State or a political subdivision thereof, any consideration received by the owner for such lease shall not be deemed a charge within the meaning of this section.

(3) For injuries suffered by a house guest while on the owner's premises, even though the injuries were incurred by the house guest while engaged in one or more of the activities designated in section 520-2.

§ 520-6. Persons using land

Nothing in this chapter shall be construed to:

(1) Create a duty of care or ground of liability for injury to persons or property.

(2) Relieve any person using the land of another for recreational purposes from any obligation which the person may have in the absence of this chapter to exercise care in the person's use of such land and in the person's activities thereon, or from the legal consequences of failure to employ such care.

Financial Incentives for Public Access

Property Tax Incentives:
Current Use Programs: 

Hawaii does value agricultural land based on current use.

Staute: HAW. REV.STAT. § 235-51(f), § 246-10.

Method of assessment: Current use value based on agricultural production. Hawaii does have a separate tax rate for conservation land. Agricultural and native forest are taxed at a rate of 6.35 per $1,000 for taxable building, and 8.35 per $1,000 for taxable land. Conservation is taxed at 8.55 and 8.35 respectively. Homeowners are taxed at 5.55 for both buildings and land.

Application: Burden on the state.
http://www.hawaiipropertytax.com/Forms/HtmlFrame.aspx?mode=Content/2003TAXRATES.htm

Current Use Taxation for open-space land: 

Hawaii has no current use taxation to promote open space or recreation.

Tax incentive specifically for providing access: 

Hawaii has no tax incentive to provide hunter access.

Tax Incentive when land is subject to Conservation Easement: 

Hawaii has no tax incentives for land subject to conservation easements.

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Income Tax: 

Hawaii has no tax credits or incentives for the donation of land or conservation easements.

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Hunter Access Program: 

No programs classified as “state administrated walk-in hunter access programs” were identified in this state via general internet search. However, for more accurate information regarding this state’s hunter access programs or efforts, please view the Hunting Heritage Action Plan Hunter Access Program Assessment Survey Report.

Case Law

Howard v. United States 181 F.3d 1064 (applying Hawaii law)

-That harbor and dock on which sailing student was injured was not open to “general” public, but rather was open only to military personnel, their families, and guests, did not preclude government from qualifying for immunity from negligence liability under Hawai‘i recreational use statute, which generally granted immunity to landowners who allowed “any person” to use their property for recreational purposes without charge; statute did not require landowner to allow every member of general public access and use of land.

Proud v. United States 723 F.2d 705 (applying Hawaii law)

-The exception of government land from Hawaii's recreational use statute did not render the federal Government liable under the Federal Tort Claims Act for injuries sustained by a minor in diving accident in national park because the Government's liability under the Act was that of a private individual, regardless of what a state intended that liability to be.