2023 Hawaii Revised Statutes
Title 36. Civil Remedies and Defenses and Special Proceedings
663. Tort Actions
663-10.99 Trespass; limited liability of agricultural land owner.
§663-10.99 Trespass; limited liability of agricultural land owner. (a) An owner of agricultural land shall not be liable for any injury, death, loss, or damage suffered by a trespasser on the owner's agricultural land, unless the injury, death, loss, or damage was:
(1) Intentionally inflicted upon the trespasser by the owner of the land; or
(2) Caused by the gross negligence of the owner of the land.
(b) For purposes of this section, unless the context otherwise requires:
"Agricultural land" means any land in excess of four acres used primarily for a farming operation, as defined in section 165-2; provided that the term shall include land used for farm buildings and dwellings and roads and irrigation infrastructure associated with the agricultural land.
"Fallow" means land associated with agricultural production that is left unseeded or unplanted for one or more growing seasons.
"Owner" means the possessor of a fee interest, a tenant, lessee, occupant, or person, group, club, partnership, family, organization, entity, or corporation that is in control, possession, or use of the land, and their members, agents, partners, representatives, shareholders, and employees.
"Trespasser" means a person who enters or remains unlawfully on the agricultural land without the permission of the owner, and the lands:
(1) Are fenced, enclosed, secured in a manner designed to exclude the general public, or marked by a structure or barrier, including a cattle grid, cattle grate, or other obstacle used to secure livestock;
(2) Have a sign or signs displayed on the land that are sufficient to give reasonable notice and that read as follows: "No Trespassing" or a substantially similar message; provided that the sign or signs shall consist of letters not less than two inches in height and shall be placed at reasonable intervals along the boundary line of the land and at roads and trails entering the land in a manner and position as to be clearly noticeable from outside the boundary line; or
(3) At the time of entry, are fallow or have a visible presence or evidence of livestock-raising, such as cattle, horses, water troughs, shelters, or paddocks, or a crop:
(A) Under cultivation;
(B) In the process of being harvested; or
(C) That has been harvested. [L 2011, c 208, §3]
