Bill Text: HI SB2953 | 2018 | Regular Session | Amended
Bill Title: Relating To The Hawaii Community Development Authority.
Spectrum: Partisan Bill (Democrat 6-0)
Status: (Introduced - Dead) 2018-02-27 - The committee on JDC deferred the measure. [SB2953 Detail]
Download: Hawaii-2018-SB2953-Amended.html
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THE SENATE |
S.B. NO. |
2953 |
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TWENTY-NINTH LEGISLATURE, 2018 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE HAWAII COMMUNITY DEVELOPMENT AUTHORITY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:
"§206E‑ Roads;
county standards. (a) Every portion of a private street, highway,
or thoroughfare that has been used continuously by the general public for a
period of not less than six months and is located within a commercial development
district shall conform to construction and maintenance standards established for
county highways, pursuant to section 46-1.5(19)(A) and section 265A-1, by the
county in which the development district is located. Any owner who exercises ownership rights for
financial gain or profit of a portion of a private street, highway, or
thoroughfare that is located within a commercial development district and used
continuously by the general public for a period of not less than six months
shall be responsible for the costs of conforming and maintaining the private
street, highway, or thoroughfare to meet the construction and maintenance
standards established by that county.
(b) Any person may bring a civil action in circuit court for injunctive relief against the owner in order to require the owner to comply with the requirements of subsection (a). If the decree is for the person who brings the action, the person shall be awarded reasonable attorney's fees together with the costs of suit."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval and shall be repealed on June 30, 2023.
Report Title:
HCDA; Private Street, Highway, or Thoroughfare; County Standards
Description:
Requires certain private streets, highways, or thoroughfares in a commercial development district of the HCDA to conform to county construction and maintenance standards. Requires owners who exercise ownership rights for financial gain or profit of private streets, highways, or thoroughfares in a commercial development district to be responsible for the costs of conforming and maintaining the private roads to county standards. Authorizes private civil injunctive actions in the circuit courts to enforce compliance. Repeal on 6/30/2023. (SD1)
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
