Bill Text: HI HB1187 | 2024 | Regular Session | Amended
Bill Title: Relating To Transportation.
Spectrum: Partisan Bill (Democrat 7-0)
Status: (Introduced - Dead) 2023-12-11 - Carried over to 2024 Regular Session. [HB1187 Detail]
Download: Hawaii-2024-HB1187-Amended.html
HOUSE OF REPRESENTATIVES |
H.B. NO. |
1187 |
THIRTY-SECOND LEGISLATURE, 2023 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO TRANSPORTATION.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
Therefore, the purpose of this Act is to enable government agencies to maintain roads whose ownership or jurisdiction is in dispute between the State and the counties by:
(1) Specifying that the maintenance or repair of disputed roads by any agency shall not be deemed to be an indication that the agency has assumed ownership or jurisdiction of the disputed road; and
(2) Allowing the State to transfer by quitclaim any interest it has in a disputed road if the county requests title to the disputed road.
SECTION 2. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§264- Maintenance or repair of disputed public
streets, roads, or highways; quitclaim. (a)
Whenever ownership of a public street, road, or highway remains in
dispute between the State and a county, any action by a government agency to
maintain or repair a public street, road, or highway shall not be used to
establish the agency's ownership of, or jurisdiction over, the public street, road,
or highway and the agency shall not be deemed to have assumed ownership of, or
jurisdiction over, the public street, road, or highway solely because of any action
to maintain or repair a public street, road, or highway.
(b) Whenever the State or a county takes action
to maintain or repair a public street, road, or highway pursuant to this
section, the State and county shall be immune from civil liability arising
therefrom; provided that the action is conducted in good faith and in
accordance with the applicable standard of care.
(c) If a county requests or requires title to a
disputed public street, road, or highway, the State may transfer by quitclaim any
interest it has in the public street, road, or highway to the county."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect on June 30, 3000.
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 transfer ownership of roads in favor of counties by quitclaim if requested by the county. Effective 6/30/3000. (HD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.