WHEREAS, Hawaii's abundant trees form an important and beautiful part of the State's landscape and natural environment; and

WHEREAS, the benefits of trees, especially in densely-populated urban areas, are manifold, including:

(1) Providing shade and cooling their surroundings;

(2) Absorbing carbon dioxide and releasing oxygen;

(3) Conserving energy and water;

(4) Reducing soil erosion;

(5) Cleaning the air of pollutants;

(6) Masking unsightly views and decreasing noise pollution; and

(7) Raising property values; and

WHEREAS, many of Hawaii's trees are very old, which can create potential risks and hazards due to falling trees or branches and very large roots that buckle nearby sidewalks and cause pedestrians to trip and fall; and

WHEREAS, in many established residential neighborhoods, older trees are frequently located on private property for which the county has an easement or right of way, thereby exposing county governments to greater legal liability for injuries caused by older trees; and

WHEREAS, the counties have often resolved legal actions for claims for injuries caused by these trees through significant monetary settlements, which constitute a very costly expenditure of public funds; and

WHEREAS, it can also be extremely costly for the counties to undertake large-scale, countywide measures to mitigate the potential risks and hazards posed by these trees; and

WHEREAS, the large expenditure of public moneys by the counties to settle legal claims or to mitigate potential risks and hazards posed by these trees could adversely affect county functions and services; and

WHEREAS, in order to balance their budgets, counties might be compelled to reduce much-needed public services or find ways to increase revenues, such as through fees and taxes; and

WHEREAS, efforts to mitigate the potential risks and hazards posed by these trees implicate both public interests (e.g., public safety; the expenditure of public funds) as well as private interests (e.g., private property rights); and

WHEREAS, private landowners possess many rights to the properties they hold; however, at the same time, governments, acting for the public, have long exercised powers that may affect individual property owners' use of or control over their land; and

WHEREAS, the rights that individuals enjoy in private property are balanced by their responsibilities to the community; and

WHEREAS, the complex relationship between individual rights and communal good has been in constant flux throughout history and will likely continue to change with time; and
WHEREAS, a careful, proper balance between the rights of private property owners and the interests of the general public must be struck; and

WHEREAS, in light of the public interest in safe sidewalks; the need for prudent expenditure of taxpayers' money; and the continued provision of necessary county services, without increasing fees or taxes, it is reasonable that private owners share in the costs of mitigating the potential risks and hazards posed by trees situated on their property, regardless of the presence of a county easement or right of way; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-eighth Legislature of the State of Hawaii, Regular Session of 2015, the House of Representatives concurring, that the counties are urged to protect the public interest by engaging private property owners in sharing in the costs of mitigating the potential risks and hazards posed by trees on their properties over which the county has an easement or right of way; and

BE IT FURTHER RESOLVED that the process for determining cost-sharing initiated by the counties be open, collaborative, and cooperative, in which the perspectives and ideas of private property owners are welcomed and respected; and

BE IT FURTHER RESOLVED that when a county becomes aware of an unsafe condition caused by a tree on private property over which the county has an easement or right of way, the county notify and work with the private-property owner to have the unsafe condition mitigated or removed; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Mayor and City Council of the City and County of Honolulu, Mayor and County Council of Hawaii County, Mayor and County Council of Maui County, and Mayor and County Council of Kauai County.

OFFERED BY:

_____________________________

Report Title:

Counties; Private Property Owners; Trees; Mitigation of Potential Risks and Hazards

THE SENATE	S.C.R. NO.	71
TWENTY-EIGHTH LEGISLATURE, 2015
STATE OF HAWAII