Appropriates funds to acquire a public right of way to the mountain trail on Waialae Nui ridge.

A BILL FOR AN ACT

SECTION 1. The legislature finds that public access to areas in the mountains where there are existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding, and other recreational or cultural purposes or where there are existing mountain trails is important. The legislature further finds that important areas of recreational, scenic, and cultural value have become increasingly inaccessible to the people of Hawaii through the use of fencing, no trespassing signs, and other barriers to access by private landowners.

The legislature finds that the right to public access to public beaches, game management areas, public hunting areas, and public forests and forest reserves is protected by section 171-26, Hawaii Revised Statutes. The legislature further finds that section 46-6.5, Hawaii Revised Statutes, requires the counties to adopt ordinances requiring developers to dedicate land for public access for pedestrian travel from a public highway or public streets to the coastal shoreline or to areas in the mountains. The legislature further finds that certain properties developed before the adoption of county ordinances do not provide public access to the mountains. The legislature further finds that the rise of gated communities, a style of development not envisioned in 1973, has also reduced opportunities for public access.

The legislature finds that the property at the top of Waialae Nui provides a good example of reduced public access. For many years, residents hiked in the mountains at the top of the ridge, but access to the mountains from the public street is now completely eliminated by the presence of a Board of Water Supply fence and several no trespassing signs. Individuals can no longer access the existing mountain trail or access areas on that ridge for other recreational and cultural purposes.

The legislature further finds that liability concerns are not relevant to these issues of public access, due to section 520-4, Hawaii Revised Statutes, which provides that an owner who directly or indirectly invites or permits without charge any person to use such property for recreational purposes does not incur liability for any injury.

The purpose of this Act is to appropriate funds to acquire a public right of way from the public highway to the mountain trail on Waialae Nui ridge and to amend the current law regarding public access to guarantee the right to public access.

SECTION 2. Section 46-6.5, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"(a) Each county shall adopt ordinances which shall require a subdivider or developer, as a condition precedent to final approval of a subdivision, in cases where public access is not already provided, to dedicate land for public access by right-of-way or easement for pedestrian travel from a public highway or public streets to the land below the high-water mark on any coastal shoreline, and to dedicate land for public access by right of way from a public highway to areas in the mountains where there are existing facilities for hiking, hunting, fruit-picking, ti-leaf sliding, and other recreational purposes, and where there are existing mountain trails. Each county shall conduct an inventory of areas developed before the adoption of ordinances to review whether public access is provided and develop a priority list for acquiring public access on these lands."

SECTION 3. There is appropriated out of the general revenues of the State of Hawaii the sum of $ , or so much thereof as may be necessary for fiscal year 2001-2002, for the acquisition of an easement for public access to the mountain trail on Waialae Nui ridge.

SECTION 4. The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 6. This Act shall take effect upon its approval; provided that section 3 and 4 shall take effect on July 1, 2001.