REPORT TITLE:
Access to Roads


DESCRIPTION:
Adds use of roads as a right of the people.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        1891
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE PUBLIC RIGHT OF ACCESS TO ROADS.
 


BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Land is precious in Hawai'i, and as the
 
 2 population grows people are choosing to live further out from
 
 3 population centers in order to be able to afford to own property.
 
 4 In some situations, people have purchased land in remote areas
 
 5 accessible only over private roads owned by others.  The purpose
 
 6 of this Act is to clarify that the existing right of the people
 
 7 of Hawai'i to roads is extended to the use of roads over private
 
 8 property to access their property.  This Act does not grant
 
 9 rights to travel off-road for amusement purposes.
 
10      SECTION 2.  Section 7-1, Hawaii Revised Statutes, is amended
 
11 to read as follows:
 
12      "§7-1 Building materials, water, etc.; landlords' titles
 
13 subject to tenants' use.  Where the landlords have obtained, or
 
14 may hereafter obtain, allodial titles to their lands, the people
 
15 on each of their lands shall not be deprived of the right to take
 
16 firewood, house-timber, aho cord, thatch, or ki leaf, from the
 
17 land on which they live, for their own private use, but they
 
18 shall not have a right to take such articles to sell for profit.
 

 
Page 2                                                     1891
                                     H.B. NO.           
                                                        
                                                        

 
 1 The people shall also have a right to drinking water, and running
 
 2 water, and the right of way.  The springs of water, running
 
 3 water, and vehicular and utility use of roads shall be free to
 
 4 all, on all lands granted in fee simple; provided that this shall
 
 5 not be applicable to wells and watercourses, which individuals
 
 6 have made for their own use."
 
 7      SECTION 3.  New statutory material is underscored.
 
 8      SECTION 4.  This Act shall take effect upon its approval.
 
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10                           INTRODUCED BY:_________________________
 
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