HOUSE OF REPRESENTATIVES

H.B. NO.

249

TWENTY-EIGHTH LEGISLATURE, 2015

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO TRANSPORTATION.

 

 

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

 


SECTION 1. The legislature finds that the safety of residents traveling over roads whose ownership and jurisdiction are in dispute between the State and the counties, commonly known as "roads in limbo", is affected by the lack of any maintenance to these roads. The legislature also finds that government agencies are unwilling to maintain these roads because the maintenance activities may be construed as assuming ownership and jurisdiction over the disputed roads due to the maintenance activities.

The purpose of this Act is to enable government agencies to maintain roads whose ownership and jurisdiction are in dispute between the State and the counties without implication of ownership or jurisdiction.

SECTION 2. Chapter 662, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"662-   Maintenance or repair of disputed roads; quitclaim. (a) While ownership of a road remains in dispute between the State and a county, no action by a government agency to maintain or repair a road shall be construed or deemed to establish ownership of or jurisdiction over the road solely because of action to maintain or repair a road.

(b) If a county requests or requires title to a disputed road, the State may quitclaim whatever interest it has in the road to the county for purposes of this section.

(c) If a county provides county services to a property adjacent to a disputed road, the State shall quitclaim to the county any interest the State has in that road.

(d) For purposes of this section, the term "road" includes a street, but excludes a private road or driveway, as those terms are defined in section 291C-1."

SECTION 3. Section 46-15.9, Hawaii Revised Statutes, is amended to read as follows:

"46-15.9 Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute. (a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic laws and shall enforce chapters 249; 286; 287; 291; 291C; 291E; 431, articles 10C and 10G; and 486, part III on public streets, roads, or highways whose ownership is in dispute between the State and the county.

(b) [Any provision of the law to the contrary notwithstanding, any county and its authorized personnel may repair or maintain, in whole or in part, public streets, roads, or highways whose ownership is in dispute between the State and the county.] While ownership of a road remains in dispute between the State and a county, no action by a government agency to maintain or repair a road shall be construed or deemed to establish ownership of or jurisdiction over the road solely because of action to maintain or repair a road.

(c) No presumption that a county owns a particular street, road, or highway shall arise as a result of the county's performance of the activities allowed by subsection (a) or (b).

(d) If a county requests or requires title to a disputed road, the State may quitclaim whatever interest it has in the road to the county for purposes of this section.

[(d)] (e) The general public shall have the unrestricted right to use public streets, roads, or highways whose ownership is in dispute between the State and the county to access the shoreline and other public recreational areas; provided that this subsection shall not apply to any private street, road, or highway whose ownership is in dispute.

[(e)] (f) As used in this section:

"Public recreational area" means coastal and inland recreational areas, including beaches, shores, public parks, public lands, public trails, and bodies of water opened to the public for recreational use.

"Road" includes a street, but excludes a private road or driveway, as those terms are defined in section 291C-1."

SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 5. This Act shall take effect on July 1, 2015.

 

INTRODUCED BY:

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Report Title:

Disputed Roads; Road Maintenance; Quitclaim

 

Description:

Specifies that a government agency does not assume ownership or jurisdiction over a disputed road solely through maintenance or repair activities. Authorizes the State to quitclaim ownership of roads in favor of counties.

 

 

 

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.