Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2004

State of Hawaii

Sir:

Your Committees on Water, Land, and Agriculture and Transportation, Military Affairs, and Government Operations, to which was referred H.B. No. 2792, H.D. 1, entitled:

beg leave to report as follows:

The purpose of this measure is to require owners of private roads to maintain them, pursuant to agreement or in absence of agreement, in equal shares, and allows county ordinances dealing with maintenance of private roads to supercede the new statutory requirement in the absence of an agreement between the owners.

Testimony in support of this measure was submitted by the Director of Facility Maintenance, City and County of Honolulu; Hawaii Association of Realtors; Hawaii Bankers Association; and a concerned individual.

Your Committees find that the lack of clarity regarding the responsibility for maintaining private roads has created problems among property owners and obstacles to mortgage financing. Your Committees believe this measure will rectify the problem sufficiently to make more mortgage financing available for home purchases and alleviate disputes regarding roadway maintenance among property owners who share a common private road or easement.

Your Committees heard the concerns of the Director of Facility Maintenance and amended the measure by:

As affirmed by the records of votes of the members of your Committees on Water, Land, and Agriculture and Transportation, Military Affairs, and Government Operations that are attached to this report, your Committees are in accord with the intent and purpose of H.B. No. 2792, H.D. 1, as amended herein, and recommend that it pass Second Reading in the form attached hereto as H.B. No. 2792, H.D. 1, S.D. 1, and be referred to the Committee on Judiciary and Hawaiian Affairs.