Report Title:

Public Rights of Way; Encroachment; County Enforcement

Description:

Authorizes counties to initiate legal proceedings to protect public rights of way against encroachment; authorizes counties to repair and maintain public rights of way if funds are available.

THE SENATE

S.B. NO.

32

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to public rights of way.

 

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

SECTION 1. Chapter 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§46- Protection of public rights of way against encroachment; repair and maintenance; authorization. (a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may initiate legal proceedings to protect public rights of way against encroachment on the following categories of county roads, private streets, highways, and thoroughfares:

(1) Any private street, highway, or thoroughfare which has been used continuously by the general public for a period of not less than six months; provided that the county shall not be responsible for the maintenance and repair of the private street, highway, or thoroughfare when it initiates legal proceedings to protect against encroachment; provided further that no adverse or prescriptive rights shall accrue to the general public when the county initiates legal proceedings to protect against encroachment; nor shall a legal action initiated by a county be deemed to constitute control over that street; and

(2) Any private street, highway, or thoroughfare which is intended for dedication to the public use as provided in section 264-1 and is open for public travel but has not yet been accepted by the county.

(b) Any county and its authorized personnel, subject to availability of funds, may repair and maintain the public rights of way described in subsection (a)."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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