Report Title:

Private Roads; Maintenance

Description:

Requires owners of private roads to maintain private roads pursuant to agreement or in absence of agreement in equal shares. Allows county ordinances dealing with maintenance of private roads to supercede new part (HB 2792 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2792

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PRIVATE ROADS.

 

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

SECTION 1. Chapter 664, Hawaii Revised Statutes, is amended by adding a new part to be appropriately designated and to read as follows:

"Part . Maintenance of Private Roads

§664- Maintenance of private road; where multiple owners, by agreement or in equal shares. (a) The owner of any private road, or of any land to which an easement to use a private road is attached, shall maintain the private road in good repair.

(b) If the private road or easement to use the private road is owned by more than one person, or is attached to parcels of land under different ownership, the cost of maintaining it in repair shall be shared by each owner of the private road or each owner of the parcels of land to which the easement is attached, as the case may be, pursuant to the terms of any agreement entered into by the parties for that purpose. If any owner who is a party to the agreement refuses to perform or fails, after demand in writing, to pay the owner's proportion of the cost, an action for specific performance or contribution may be brought against that owner, in the circuit court where the private road is located, by the other owners, either jointly or severally.

(c) In the absence of an agreement, the cost shall be shared proportionately to the use made of the private road by each owner. Any owner of the private road, or any owner of land to which the easement to use the private road is attached, may apply to the circuit court where the private road is located and that has jurisdiction over the amount in controversy, for the appointment of an impartial arbitrator to apportion the cost. The application may be made before, during, or after performance of the maintenance work. If the arbitration award is not accepted by all of the owners, the court may enter a judgment determining the proportionate liability of each owner.

(d) If any party refuses to pay the party's share according to the judgment, an aggrieved party may direct compliance with the judgment at the expense of the defaulting party and enter judgment for the amount thereof, and issue execution on the judgment, or may enforce compliance with the judgment by other appropriate proceedings.

(e) For purposes of this section "private road" is any road, alley, street, way, lane, bikeway, or bridge that is not a public highway, as described in section 264-1.

(f) County ordinances dealing with the maintenance of private roads, or of any land to which an easement to use a private road is attached, shall supercede this part in the absence of an agreement."

SECTION 2. This Act shall take effect upon its approval.