Honorable Robert Bunda

President of the Senate

Twenty-Third State Legislature

Regular Session of 2005

State of Hawaii

Sir:

Your Committees on Transportation and Government Operations and Intergovernmental Affairs, to which was referred S.B. No. 1484 entitled:

beg leave to report as follows:

The purpose of this measure is to enact a new law for maintenance of private roads.

Testimony in support of this measure was received from one individual.

This measure would require owners of private roads to maintain the road in good repair. These roads are most common in residential areas and are often very small, resembling driveways. The road is typically owned in common by the adjoining property owners. The problem of maintenance is assessing the costs to the owners who may disagree on their respective contributions. An additional problem is also in obtaining a mortgage on such properties. Your Committee has learned that mortgage lenders typically disqualify a mortgage applicant whose property affronts a private road if there is no written agreement on the responsibilities to maintain the road. Apparently disputes about the responsibility for maintenance could affect the value of the property and put the ownership of the property at risk.

Your Committees find that these provisions will provide a legal mechanism by which these issues can be resolved if the parties cannot come to an agreement.

As affirmed by the records of votes of the members of your Committees on Transportation and Government Operations and Intergovernmental Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 1484 and recommend that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.