Agricultural Private Property Rights | OPPOSE HB1737

Hawaii's farmers and ranchers need more housing options for their workers. The Libertarian Party of Hawaii agrees with that premise. But HB1737, which is currently moving through the Legislature under the banner of expanding farm employee housing, does something that should concern anyone who values private property rights and local governance. It imposes new statewide restrictions on privately owned agricultural land across the state, potentially overriding county rules that are already working.

What the Bill Does

HB1737 amends two sections of Hawaii Revised Statutes, Sections 205-4.5 and 205-2(d)(7), to introduce a statewide definition of "farm employee housing."

Under the new definitions, any farm on land classified as agricultural by the state Land Use Commission would be subject to a new 800 square foot cap per farm employee housing unit, a restriction on the total land area that can be used for farm dwellings and employee housing combined. The bill also adds a prohibition on submitting any portion of the property to a condominium property regime under Chapter 514B. These restrictions apply statewide, to private farms and ranches, not just to state-funded agricultural parks.

The State Is Not the Right Level for This

Hawaii's counties have been regulating farm employee housing on their own, and some of them have been doing it well. Hawaii County alone has approved nearly 200 requests for additional farm dwellings over the past decade. Those county rules in some cases allow employee housing units larger than 800 square feet. If this bill passes, farmers who have built or are planning employee housing in compliance with their county's rules could find themselves out of compliance with a new, stricter state standard.

The argument for this bill is that the lack of a statewide standard has created confusion and inconsistency. But the solution to inconsistency is not to impose a ceiling from Honolulu that makes state law more restrictive than what local communities have already worked out for themselves. Land use decisions belong as close to the land as possible. The Libertarian Party of Hawaii believes private owners are better positioned than the state to decide what is built on their own land.

A Restriction on Private Property Rights

The condominium prohibition in this bill deserves particular attention. The bill bars fee owners of farm dwellings from submitting any portion of their property to a condominium property regime in order to separate ownership of employee housing units from the primary dwelling. This is a restriction on how private landowners may organize and convey property they own.

Take Action | Oppose HB1737

Hawaii's farmers deserve real relief. They deserve a Legislature that removes barriers rather than erects new ones on their land. Track and oppose hb1737 on the Hawaii State Legislature website and submit testimony if a hearing is open. Written testimony submitted before the 24-hour deadline will be posted online prior to the hearing. The next hearing is set for 04/09/2026 at 10:01 am HST. You can use our testimony guide on the Legislative Action page if you need help getting started.

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