HOUSE OF REPRESENTATIVES

H.B. NO.

2049

TWENTY-EIGHTH LEGISLATURE, 2016

H.D. 2

STATE OF HAWAII

S.D. 2

 

 

 

 

 

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 while federal, state, and county agencies maintain jurisdiction over and are responsible for the repair and maintenance of the majority of highways, streets, and roads throughout Hawaii, there are numerous roads throughout the State that are privately owned, or whose ownership has been called into question.  In many cases, these private roads are remnants of a road, or a small portion of a larger public road, with disputed ownership for various reasons.  This has resulted in questions regarding who is responsible for the repair and maintenance of these roads, many of which are regularly used for vehicular traffic.

     The legislature further finds that since these private roads are not owned by a governmental entity, or their ownership is being disputed, they often do not receive proper repair and maintenance.  Although these roads are often used by, and are of benefit to, the public, the public does not realize that the road is not owned by a governmental agency.  This creates difficulties for members of the public and government agencies when individuals report repair or maintenance issues.

     The legislature further finds that while counties have policies and procedures to assist owners with the repair and maintenance of private roads, these policies and procedures are only applicable when the county can determine or locate the actual owner of the road.  Additionally, the owners of private roads may seek government assistance because they rarely have the expertise, equipment, or ability to coordinate services necessary to address road ownership and maintenance issues.

     The purpose of this Act is to provide a means to resolve jurisdictional questions regarding road ownership.

     SECTION 2.  Section 264-1, Hawaii Revised Statutes, is amended to read as follows:

     "§264-1  Public highways and trails.  (a)  All roads, highways, alleys, streets, ways, lanes, bikeways, bridges, and all other real property highway related interests in the State, opened, laid out, subdivided, consolidated, and acquired and built by the government are declared to be public highways.  Public highways are of two types:

     (1)  State highways, which are those lands, interests, or other real property rights, as defined above, having an alignment or possession of a real property highway related interest as established by law, subdivided and acquired in accordance with policies and procedures of the department of transportation, separate and exempt from any county subdivision ordinances, and all those under the jurisdiction of the department of transportation; and

     (2)  County highways, which are all other public highways.

     (b)  All trails, and other nonvehicular rights-of-way in the State declared to be public rights-of-ways by the Highways Act of 1892, or opened, laid out, or built by the government or otherwise created or vested as nonvehicular public rights-of-way at any time thereafter, or in the future, are declared to be public trails.  A public trail is under the jurisdiction of the state board of land and natural resources unless it was created by or dedicated to a particular county, in which case it shall be under the jurisdiction of that county.

     (c)  All highways, 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, roads, alleys, streets, ways, lanes, bikeways, bridges, or trails shall be by deed of conveyance naming the State as grantee in the case of a state highway, road, alley, street, way, lane, bikeway, bridge, or trail and naming the county as grantee in the case of a county highway, road, alley, street, way, lane, bikeway, bridge, or trail.  The deed of conveyance shall be delivered to and accepted by the director of transportation in the case of a state highway, road, alley, street, way, lane, bikeway, or bridge, or the board of land and natural resources in the case of a state trail.  In the case of a county highway, road, alley, street, way, lane, bikeway, bridge, or county trail, the deed shall be delivered to and accepted by the legislative body of a county[.]; provided that in every case where the highway, road, alley, street, way, lane, bikeway, bridge, or county trail 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 of the same without exercise of discretion.

     (2)  Surrender of public highways, roads, alleys, streets, ways, lanes, bikeways, bridges, or trails shall be deemed to have taken place if 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 the case of a county highway, in addition thereto, the legislative body of the county has, thereafter, by a resolution, adopted the same 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].

     (d)  If a privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail is condemned by the State or county, the State or county shall be exempt for       years from any state laws or rules adopted pursuant thereto that would require the State or county to perform construction, reconstruction, preservation, resurfacing, restoration, or rehabilitation upon it.

     (e)  For purposes of this section, if a privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail complied with construction codes at the time of construction, then upon transfer of that privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail to a county, the county that accepts the transfer shall not be required to do any construction, renovation, or repair to bring the privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail up to any construction code existing at the time of transfer.

     [(d)] (f)  All county public highways and trails once established shall continue until vacated, closed, abandoned, or discontinued by a resolution of the legislative body of the county wherein the county highway or trail lies.  All state trails once established shall continue until lawfully disposed of pursuant to the requirements of chapter 171."

     SECTION 3.  (a)  There is established a commission on remnant private roads, to be under the department of transportation for administrative purposes only, to identify all roads by street address and tax map key number located in the State and in each county that are deemed to be remnant private roads.

     (b)  The following shall be members of the commission on remnant private roads:

     (1)  Two members of the senate to be appointed by the president of the senate;

     (2)  Two members of the house of representatives to be appointed by the speaker of the house of representatives;

     (3)  The director of transportation or the director's designee;

     (4)  The chairperson of the board of land and natural resources or the chairperson's designee;

     (5)  The mayor of each county or each mayor's designee; and

     (6)  One director of a county department in charge of transportation, to be mutually selected by all the county mayors.

     (c)  The remnant private roads identified by the commission pursuant to subsection (a) shall be assigned ownership by the commission to the State or a county; provided that the assignment shall be deemed to be a transfer of ownership of that remnant private road to the State or county, as applicable; provided further that the State or county, as the case may be, receiving ownership of that remnant private road shall establish administrative procedures to legally effectuate the transfer of title to the State or county, as applicable.

     (d)  The commission on remnant private roads shall report to the legislature no later than twenty days prior to the convening of the regular session of 2018 identifying the remnant private roads pursuant to subsection (a).

     (e)  As used in this section, "remnant private road" means a road that is privately owned, without the exercise of ownership, that is used by the public as though it is a public road.

     (f)  The commission on remnant private roads shall cease to exist on June 30, 2018.

     SECTION 4.  There is appropriated out of the general revenues of the State of Hawaii the sum of $           or so much thereof as may be necessary for fiscal year 2016-2017 to the commission on remnant private roads to identify all roads by street address and tax map key number located in the State and each county that are deemed to be remnant private roads.

     The sum appropriated shall be expended by the department of transportation for the purposes of this Act.

     SECTION 5.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 6.  This Act shall take effect on July 1, 2030.



Report Title:

Private Roads; Repair and Maintenance; Appropriation

 

Description:

Adds roads, alleys, streets, ways, lanes, bikeways, and bridges to the list of public highways that can be dedicated or surrendered.  Exempts the State and counties for an unspecified number of years from maintaining or improving condemned roads.  Clarifies that if a privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail complied with construction codes at the time of construction, then upon transfer, the county that accepts the transfer shall not be required to do any construction, renovation, or repair to bring the privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail up to any construction code existing at the time of transfer.  Creates a commission on remnant private roads to identify all roads by street address and tax map key number located in the State and in each county.  Assigns, in the discretion of the commission, ownership of identified remnant private roads to the State or county.  Appropriates funds to commission on remnant private roads.  Effective 7/1/2030.  (SD2)

 

 

 

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