Bill Text: HI HB2709 | 2012 | Regular Session | Introduced
Bill Title: Highways; Private Streets; Surrender; Improvements
Spectrum: Slight Partisan Bill (Democrat 3-1)
Status: (Introduced - Dead) 2012-01-25 - (H) Referred to TRN, FIN, referral sheet 8 [HB2709 Detail]
Download: Hawaii-2012-HB2709-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2709 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
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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 to read as follows:
"§264-1 Public highways and trails. (a) All roads, 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 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 or county highway, [in
addition thereto,] the legislature, by concurrent resolution in the case
of a state highway, and the legislative body of the county [has,
thereafter], by a resolution[,] in the case of a county highway,
adopted the same as a state or 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 is deemed to have been surrendered to the State or county pursuant to subsection (c)(2) 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 or any improvement upon the highway.
[(d)] (e) 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 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:
Highways; Private Streets; Surrender; Improvements
Description:
Exempts the State and counties from laws or rules that require the performance of construction or improvements upon a private highway if it has been surrendered to the State or a county and the legislature or county council adopts a legislative measure accepting the surrender.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
