reglab/housing_qa huggingface dataset:
HI Rev Stat § 198-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198. Conservation Easements|198-3 Holders.

  §198-3 Holders. Any public body and any organization which qualifies for and holds an income tax exemption under section 501(c) of the federal Internal Revenue Code of 1954, as amended, and whose organizational purposes are designed to facilitate the purposes of this chapter, may acquire and hold conservation easements by purchase, agreement, donation, devise, or bequest, but not by eminent domain. [L 1985, c 149, pt of §1]
HI Rev Stat § 198-4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198. Conservation Easements|198-4 Recordation.

  §198-4 Recordation. Instruments creating, assigning, or otherwise transferring conservation easements shall be recorded in the bureau of conveyances, or the land court, as the case may be, and such instruments shall be subject in all respects to the requirements of chapters 501 and 502. [L 1985, c 149, pt of §1] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 198-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198. Conservation Easements|198-5 Enforcement of easement.

  §198-5 Enforcement of easement. (a) All conservation easements, whether held by public bodies or qualifying private organizations, shall be considered to run with the land, whether or not such fact is stipulated in the instrument of conveyance or ownership, and no conservation easement shall be unenforceable on account of the lack of privity of estate or contract, or on account of such conservation easement not being an appurtenant easement, or because such easement is a general easement.  (b) Actual or threatened injury to or impairment of a conservation easement, or actual or threatened violation of its terms, may be prohibited or restrained, or the interest intended for protection by such easement may be enforced, by injunctive relief granted by any environmental court of competent jurisdiction in a proceeding initiated by the grantor or by the holder of the easement.  (c) In addition to the remedy of injunctive relief, the holder of a conservation easement shall be entitled to recover money damages for any injury to such easement or to the interest being protected thereby or for the violation of the terms of such easement. In assessing such damages there may be taken into account, in addition to the cost of restoration, the loss of scenic, aesthetic, or environmental value to the real property subject to the easement, and other damages.  (d) The environmental court may award to the prevailing party in any action authorized by this section the costs of litigation, including reasonable attorney's fees. [L 1985, c 149, pt of §1; am L 2014, c 218, §8]
HI Rev Stat § 198-6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198. Conservation Easements|198-6 Construction.

  §198-6 Construction. This chapter shall not be construed to imply that any easement, covenant, condition, or restriction which does not have the benefit of this chapter shall on account of any provisions of this chapter be unenforceable. Nothing in this chapter shall diminish the powers granted by any general or special law to acquire, by purchase, gift, eminent domain, or otherwise, and to use land for public purposes. [L 1985, c 149, pt of §1]
HI Rev Stat § 198D-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-1 Definitions.

  §198D-1 Definitions. For the purpose of this chapter:  "Access" means an easement or way:  (1) Over which the general public has the right to travel; and  (2) Which is used by the general public or intended for use by the general public primarily to reach or depart a public beach, shore, park, trail, or other public recreational area. It includes a lateral easement along the shoreline, coastline, or beach.  "Department" means the department of land and natural resources.  "Trail" means an identifiable linear course used primarily for or used to get a recreational, educational, or inspirational experience. It includes, but is not limited to:  (1) A corridor trail, which is a designated route, segregated from a highway, providing a continuous linkage between or among major urban areas, fragmented accesses, and major trail areas;  (2) A segment or connector trail, which is a designated route from one locale to another; and  (3) A special use trail, which is a designated course for a special activity or function. [L 1988, c 236, pt of §2]
HI Rev Stat § 198D-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-2 Establishment of Hawaii statewide trail and access program.

  §198D-2 Establishment of Hawaii statewide trail and access program. (a) There is established the Hawaii statewide trail and access program, to be known as Na Ala Hele. The department of land and natural resources shall plan, develop, acquire land or rights for public use of land, construct, restore, and engage in coordination activities to implement the program in accordance with this chapter.  (b) The trail and access program shall use funding for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department from the following sources:  (1) A portion of the highway fuel taxes collected under chapter 243;  (2) Federal government grants;  (3) Private contributions; and  (4) Fees, established pursuant to administrative rules and charged by the department for the commercial and other use of trails and trail accesses under the jurisdiction of the department.  (c) The moneys specified in subsection (b)(2) shall be deposited in the state treasury; provided that moneys received as deposits or contributions from the federal government shall be accounted for in accordance with the conditions established by the agencies making the contribution.  (d) The moneys specified in subsection (b)(1), (3), and (4) shall be deposited in the special land and development fund under section 171-19 for the management, maintenance, and development of trails and trail accesses under the jurisdiction of the department. [L 1988, c 236, pt of §2; am L 1993, c 273, §1; am L 1997, c 106, §2; am L 2002, c 250, §3; am L 2005, c 235, §3; am L Sp 2021, c 1, §11]
HI Rev Stat § 198D-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-3 Inventory.

  §198D-3 Inventory. (a) The department shall establish, maintain, and amend, as required, an inventory of all trails and accesses in the State, whether wholly or partly on public or private lands and whether or not under the jurisdiction of the department, and a separate inventory of all trails and accesses to public hunting areas in the State. The inventories shall include:  (1) Maps and lists of all trails and accesses;  (2) Name and length of each trail or access;  (3) The person or agency having management responsibility for each trail or access;  (4) The predominant transportation mode for each trail or access;  (5) The development standard, condition, and grade of each trail and access;  (6) The description of amenities or other features on or in close proximity to each trail or access;  (7) The status of availability to the general public of each trail or access; and  (8) Other information for each trail or access deemed necessary or desirable by the department.  (b) The department shall publish and periodically update documents, which shall be available to the general public. The documents shall contain that portion of the inventories which include trails and accesses available for the use of the general public. The department may charge an appropriate fee for the documents and any updates. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(1)]
HI Rev Stat § 198D-4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-4 Classification.

  §198D-4 Classification. The department shall classify each trail and access in the inventories according to the following:  (1) Function;  (2) Type;  (3) Theme;  (4) Actual and desired use intensity; and  (5) Any other classification deemed necessary or desirable by the department. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(2)]
HI Rev Stat § 198D-5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-5 Identification of proposed, potential, and needed trails and accesses.

  §198D-5 Identification of proposed, potential, and needed trails and accesses. (a) In addition to the inventories under section 198D-3, the department shall identify and maintain a listing of:  (1) Proposed trails and accesses which may be opened to the public;  (2) Potential expansions of trails and accesses;  (3) Potential or desirable connectors between existing trail systems;  (4) Public beach, shore, park, trail, and other recreational areas to which access is unavailable or inadequate; and  (5) Trails and accesses to public hunting areas.  (b) The listing may be published in the inventories required under section 198D-3. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(3)]
HI Rev Stat § 198D-6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-6 Regulation of use of trails and accesses.

  §198D-6 Regulation of use of trails and accesses. The department, by rule adopted in accordance with chapter 91, may regulate the use of trails and accesses under the department's jurisdiction. Regulation of the use of trails and accesses shall be established for the following purposes:  (1) To preserve the integrity, condition, naturalness, or beauty of the trails or accesses;  (2) To protect the public safety; or  (3) To restrict or regulate public access to protected or endangered wildlife habitats, except for scientific or educational purposes. [L 1988, c 236, pt of §2; am L 1990, c 53, §1(4)]
HI Rev Stat § 198D-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-7 Examination of legal issues.

  §198D-7 Examination of legal issues. The department, in consultation with the attorney general, shall examine legal issues relating to trails and accesses. The legal issues examined shall include:  (1) Theories, options, and doctrines by which trails and accesses may be placed into or retained in public use;  (2) The validity and feasibility of dedication requirements to obtain public use of trails and accesses;  (3) The extent of liability exposure of the State, counties, and private landowners when allowing trails and accesses under their respective jurisdictions to be used by the general public; and  (4) Strategies to reduce or limit the liability exposure of the State, counties, and private landowners in order to promote public use of trails and accesses under their respective jurisdictions which are closed to the general public. [L 1988, c 236, pt of §2]
HI Rev Stat § 198D-7.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-7.5 Agreements to defend and indemnify.

  §198D-7.5 Agreements to defend and indemnify. (a) The department may enter into agreements with owners of public or private land to further the purposes of this chapter. Agreements between the State and an owner may provide that the State will defend the owner, its affiliates, and their respective heirs, executors, administrators, representatives, successors, trustees, guardians, assigns, lessees, officers, directors, stockholders, employees, agents, and partners, from claims made by public users of the owner €™s land.   (b) These agreements may also provide that the State will indemnify the owner, its affiliates, and their respective heirs, executors, administrators, representatives, successors, trustees, guardians, assigns, lessees, officers, directors, stockholders, employees, agents, and partners, for property losses incurred due to public use, subject to the following provisions:  (1) The attorney general may review any claim;  (2) The attorney general may refer a claim associated with property loss to the chairperson of the board of land and natural resources for informal resolution subject to the terms of an agreement;  (3) All claims of property loss that are subject to the terms of an agreement shall be reviewed in the first instance by the chairperson for resolution as provided for in an agreement. The chairperson may compromise or settle claims for property loss from the trail and access program special funds for an amount not exceeding $10,000 per fiscal year, and the chairperson may pay claims for property loss up to this amount without the review of the attorney general;  (4) Upon referral by the chairperson, the attorney general, in the attorney general's discretion, shall make determinations of whether a claim for property loss would or would not be subject to the terms of an agreement; and  (5) Claims greater than $10,000 per fiscal year shall be subject to appropriation and allotment.  (c) The existence of an agreement does not allow an action to be brought against the State. The State shall not be made a party in any action solely because of the existence of an agreement to defend or indemnify. Any action defended by the State pursuant to an agreement shall be deemed an action against the owner, and the State may assert all defenses available to the owner, its affiliates, and their respective heirs, executors, administrators, representatives, successors, trustees, guardians, assigns, lessees, officers, directors, stockholders, employees, agents, and partners.  (d) If the agreement provides for indemnification by the State, no judgment shall be executed against an owner, its affiliates, and their respective heirs, executors, administrators, representatives, successors, trustees, guardians, assigns, lessees, officers, directors, stockholders, employees, agents, and partners, until the legislature has reviewed and approved the judgment. [L 1992, c 216, §1; am L 2005, c 175, §2]
HI Rev Stat § 198D-7.6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-7.6 Limitation on liability.

 §198D-7.6 Limitation on liability. The State shall not be liable for any injury to any person arising from the person's use of unimproved lands owned or controlled by the State and regulated under section 198D-6, unless the injury results from gross negligence on the part of the State. [L 1999, c 106, §1]
HI Rev Stat § 198D-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-8 Request to acquire rights for public use of additional trails and accesses.

  §198D-8 Request to acquire rights for public use of additional trails and accesses. The department may request the legislature for appropriations to acquire rights to trails and accesses which are closed to public use or which are necessary to effectuate the trail and access program. [L 1988, c 236, pt of §2; am L 1993, c 273, §2]
HI Rev Stat § 198D-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-9 Other powers and duties of department.

  §198D-9 Other powers and duties of department. The department:  (1) May establish signing and design standards for classifications of trails and accesses;  (2) Shall establish advisory councils to solicit advice and assistance in the implementation of the trail and access program. The appointment of members to advisory councils shall be made by the department. If advisory councils are established, the members of the advisory councils shall serve part-time and shall not be compensated for official duties performed. Advisory councils may be established on regional, islandwide, countywide, or statewide bases. The statewide council shall include representatives of motorized as well as nonmotorized trail users;  (3) Shall serve as the centralized information agency for matters relating to the trail and access program;  (4) Shall coordinate its activities under this chapter, including its compilation of the inventories and classifications of trails and accesses, with other public agencies;  (5) Shall advise and, when able, assist other public agencies in the development, construction, operation, maintenance, and regulation of trails and accesses under the other agencies' jurisdiction;  (6) Shall advocate before the legislature, governor, and public agencies, for the implementation of the trail and access program; and  (7) Shall submit an annual report to the governor and legislature on activities engaged in under this chapter; provided that the annual report shall include a comprehensive description of the status of the trail and access program and the financial information specified in section 198D-2(b). [L 1988, c 236, pt of §2; am L 1990, c 53, §1(5); am L 1993, c 273, §3]
HI Rev Stat § 198D-10 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-10 Limitation on chapter's provisions.

  §198D-10 Limitation on chapter's provisions. (a) Nothing in this chapter shall be construed as conferring or imposing upon the department any rights, powers, and duties over:  (1) Lands not under its jurisdiction; or  (2) The activities of other public agencies; except if provided by other law or agreement.  (b) The designation as part of the statewide trail and access system of trails and accesses, the use to which the public has no rights, shall not be construed as establishing public rights to use those trails and accesses. [L 1988, c 236, pt of §2]
HI Rev Stat § 198D-11 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-11 Rules.

  §198D-11 Rules. The department may adopt rules in accordance with chapter 91 for the purposes of this chapter. [L 1988, c 236, pt of §2]
HI Rev Stat § 198D-12 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-12 General administrative penalties.

 §198D-12 General administrative penalties. (a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by receipts or affidavit, including attorneys' fees and costs; or bring legal action to recover administrative fines, fees, and costs, including attorneys' fees and costs, or payment for damages or for the cost to correct damages resulting from a violation of this chapter or any rule adopted pursuant to this chapter. The administrative fines shall be as follows:  (1) For a first violation, a fine of not more than $2,500;  (2) For a second violation within five years of a previous violation, a fine of not more than $5,000; and  (3) For a third or subsequent violation within five years of the last violation, a fine of not more than $10,000.  (b) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 2001, c 34, pt of §1]
HI Rev Stat § 198D-13 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|198D. Hawaii Statewide Trail and Access System|198D-13 Criminal penalties.

 §198D-13 Criminal penalties. (a) In addition to any other penalties, any person violating this chapter, any rule adopted pursuant to this chapter, or the terms and conditions of any permit issued in accordance with this chapter shall be guilty of a petty misdemeanor and shall be fined not less than:  (1) $100 for a first offense;  (2) $200 for a second offense; and  (3) $500 for a third or subsequent offense.  (b) The fines specified in this section shall not be suspended or waived. Each day of each violation shall constitute a separate offense.  (c) Any criminal action against a person for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against that person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rule adopted pursuant to this chapter shall not be deemed to preclude the State from pursuing any criminal action against that person. [L 2001, c 34, pt of §1]
HI Rev Stat § 199-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|199. Conservation and Resources Enforcement Program|199-1 Board of land and natural resources, powers and duties.

  §199-1 Board of land and natural resources, powers and duties. The board of land and natural resources shall establish within the department of land and natural resources a conservation and resources enforcement program relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder, and shall employ or appoint, and remove, the following persons, subject to chapter 76 and section 78-1, who shall be provided with suitable badges or insignia of office by the department of land and natural resources:  (1) An enforcement chief of the department of land and natural resources, who shall be the head of the conservation and resources enforcement program and shall have charge, direction, and control, subject to the direction and control of the board, of all matters relating to the enforcement of title 12, chapters 6D, 6E, and 6K, and rules adopted thereunder and such other matters as the board may from time to time direct. The enforcement chief shall be an administrator experienced in conservation and resources law enforcement and management; and  (2) Personnel and enforcement officers of the conservation and resources enforcement program, including but not limited to enforcement officers on a voluntary basis and without pay. [L 1978, c 171, pt of §1; am L 2000, c 253, §150; am L 2004, c 142, §8]