STAND. COM. REP. NO. 703-04
Honolulu, Hawaii
, 2004
RE: H.B. No. 2792
H.D. 1
Honorable Calvin K.Y. Say
Speaker, House of Representatives
Twenty-Second State Legislature
Regular Session of 2004
State of Hawaii
Sir:
Your Committee on Judiciary, to which was referred H.B. No. 2792 entitled:
"A BILL FOR AN ACT RELATING TO PRIVATE ROADS,"
begs leave to report as follows:
The purpose of this bill is to establish the duties and remedies of owners relating to the maintenance of private roads. Specifically, this bill:
(1) Requires the owner of any private road, or of any land to which an easement to use a private road is attached, to maintain the private road in good repair;
(2) Permits an owner to bring an action, in the circuit court of the judicial circuit where the road is located, for specific performance or contribution against any other owner obligated to share the cost of repair under a private road maintenance agreement, who refuses to perform or, after written demand, fails to pay the owner's share of the cost; and
(3) Provides that, in the absence of a road maintenance agreement:
(A) Costs shall be shared proportionately according to the use made of the private road by each owner;
(B) An owner may apply to the circuit court of the judicial circuit where the road is located and that has jurisdiction over the amount in controversy, for the appointment of an arbitrator to apportion the cost; and
(C) An aggrieved party may direct compliance with any judgment the court may enter determining the proportionate liability of each owner.
The Hawaii Association of Realtors and a concerned individual testified in support of this bill.
Your Committee was informed that a major obstacle to obtaining financing exists because lenders are reluctant to loan funds for properties with private roads for which private road maintenance agreements do not exist. Your Committee understands that in Hawaii County an ordinance is in effect that addresses this matter.
Your Committee has amended this measure by:
(1) Providing that any county ordinance governing this matter takes precedence over this measure; and
(2) Making technical, nonsubstantive amendments for clarity and style.
As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2792, as amended herein, and recommends that it pass Third Reading in the form attached hereto as H.B. No. 2792, H.D. 1.
Respectfully submitted on behalf of the members of the Committee on Judiciary,
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____________________________ ERIC G. HAMAKAWA, Chair |
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