Hawaii Tree Protection Law
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FAQ
(a) A person who alleges the existence of a private nuisance due to excessive noise may bring a civil action for appropriate injunctive relief, or actual damages, or both within two years after the occurrence of the alleged violation of this part.
The County Arborist Advisory Committees are mandated the following powers and duties: Research, prepare and recommend to the city council exceptional trees to be protected by City ordinance or regulation.
To correctly represent trees, he perceived a so-called 'Rule of trees' which states that "all the branches of a tree at every stage of its height are equal in thickness to the trunk when put together."
For the purposes of this section, "exceptional trees" means a tree or stand or grove of trees with historic or cultural value, or which by reason of its age, rarity, location, size, esthetic quality, or endemic status has been desig nated by the county committee as worthy of preservation.
(b) An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property, except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.
In some states, the owner of a tree retains ownership of the fruit even when it extends onto a neighbor's property. However, Hawaii courts have held that any part of a plant or a tree that is within your property line is yours, fruit included.
Lastly, the Hawaii rule holds that while ?living trees and plants are ordinarily not nuisances, [they] can become so when they cause actual harm or pose an imminent danger of actual harm to the adjoining property.
(b) An owner of a tree shall be civilly liable for actual damages caused by the tree, including an overhanging branch or protruding root, to property, except for plant life; provided that the owner knows or should have known that the tree constitutes a danger.
