Report Title:
Old Government Roads; Joint Ownership
Description:
Provides that old government roads belong jointly to state and counties.
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THE SENATE |
S.B. NO. |
721 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO OLD GOVERNMENT ROADS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 264-2, Hawaii Revised Statutes, is amended to read as follows:
"§264-2 Owned by government[.];
old government roads. (a) The ownership of all public highways
and the land, real estate and property of the same shall be in the government
in fee simple. The term "government" as used herein means the State
with reference to state highways and means the respective counties with
reference to county highways. If any county highway is required by the State
for state highway purposes, the ownership of the county highway shall be
transferred to and vested in the State without compensation.
The governor may, at any time by executive order, turn over to any county, state land, in fee simple, for use as a county highway, and the county involved shall thereafter be responsible for its repair and maintenance as a county highway.
The ownership of all county highways is transferred to and vested in the respective counties in which the county highways lie.
(b) Notwithstanding any law to the contrary, the ownership of old government roads, as provided in Act 47 of Session Laws of Hawaii 1892, as amended, is declared to be jointly owned by the State and the respective county in which the government road is located; provided that an old government road shall be open for use by the public; and provided further that no person shall block access through an old government road."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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