Bill Text: HI HB2673 | 2016 | Regular Session | Introduced
Bill Title: Highway Ownership
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced - Dead) 2016-02-01 - Referred to TRN, JUD, FIN, referral sheet 5 [HB2673 Detail]
Download: Hawaii-2016-HB2673-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2673 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO HIGHWAYS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 264-1, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) All 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 or trails shall be by deed of conveyance naming the State as grantee in the case of a state highway or trail and naming the county as grantee in the case of a county highway or trail. The deed of conveyance shall be delivered to and accepted by the director of transportation in the case of a state highway or the board of land and natural resources in the case of a state trail. In the case of a county highway or county trail, the deed shall be delivered to and accepted by the legislative body of a county.
(2) Surrender of public highways 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 state highway, the legislature has adopted,
by concurrent resolution, the same as a state highway or trail and, 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. If a privately owned highway is deemed to have
been surrendered to the State or county pursuant to this subsection, the State
or county shall be exempt 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 the highway.
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."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Highway Ownership
Description:
Requires that before the surrender of a state highway can be deemed to have taken place, the legislature must adopt by concurrent resolution, the same as a state highway or trail. Establishes certain exemptions for highways surrendered to the State or county.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
