THE SENATE	S.B. NO.	2366
THIRTY-FIRST LEGISLATURE, 2022		S.D. 1
STATE OF HAWAII

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 there are roads in Hawaii whose ownership or jurisdiction is disputed between the State and counties. The legislature further finds that the safety of persons traveling over these so called "roads in limbo" is affected by the lack of maintenance to these roads. The legislature also finds that neither state nor county agencies are willing to maintain these roads because the maintenance activities may be construed as assuming ownership and jurisdiction over the disputed roads.

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 Statutory material to be repealed is bracketed and stricken.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

SECTION 4. This Act shall take effect on July 1, 2022.

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. (SD1)

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