Report Title:

Roads, Counties, Adoption

Description:

Expands the authority to adopt a road as a county highway from the county council to include adoption of the road by the mayor, if authorized by county ordinance. (HB2325 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2325

TWENTY-FIRST LEGISLATURE, 2002

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO ACCEPTANCE OF PROPERTY BY COUNTIES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to provide the respective county councils with the option of delegating their authority to accept the State's dedication of roadways and roadway lots.

SECTION 2. Section 264-1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

"(c) All roads, alleys, streets, ways, lanes, trails, bikeways, and bridges in the State, opened, laid out, or built by private parties and dedicated or surrendered to the public use, are declared to be public highways or public trails as follows:

(1) Dedication of public highways or trails shall be by deed of conveyance naming the State as grantee in the case of a state highway or trail and naming the county as grantee in the case of a county highway or trail. The deed of conveyance shall be delivered to and accepted by the director of transportation in the case of a state highway or the board of land and natural resources in the case of a state trail. In the case of a county highway or county trail, the deed shall be delivered to and accepted by the legislative body of a county[.], or if authorized by ordinance, by the mayor of a county;

(2) Surrender of public highways or trails shall be deemed to have taken place if [no]:

(A) No act of ownership by the owner of the road, alley, street, bikeway, way, lane, trail, or bridge has been exercised for five years [and when, in]; and

(B) In the case of a county highway[, in addition thereto, the] either:

(i) The legislative body of the county has[,] thereafter[,] by a resolution[,]; or

(ii) The mayor, as authorized by ordinance, by an executive order,

adopted [the same] it as a county highway or trail.

In every case where the road, alley, street, bikeway, way, lane, trail, bridge, or highway is constructed and completed as required by any ordinance of the county or any rule, regulation, or resolution thereof having the effect of law, the legislative body of the county shall accept the dedication or surrender of the same without exercise of discretion."

SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.