SENATE FLOOR AMENDMENT
FLOOR AMENDMENT NO. Date
SECTION 1. S.B. No. 2372, S.D. 2, is amended by making conforming amendments to section 1 for the purposes of clarity and consistency.
SECTION 2. S.B. No. 2372, S.D. 2, is amended by amending section 2 to amend section 264-1(c), Hawaii Revised Statutes, to read as follows:
"(c)
All highways, roads, alleys, streets, ways, lanes, [trails,]
bikeways, [and] bridges, and trails in the State, opened, laid
out, or built by private parties and dedicated or surrendered to the public
use, are declared to be public highways or public trails as follows:
(1) Dedication of public
highways, roads, alleys, streets, ways, lanes, bikeways, bridges, or
trails shall be by deed of conveyance naming the State as grantee in the case
of a state highway, road, alley, street, way, lane, bikeway, bridge, or
trail and naming the county as grantee in the case of a county highway,
road, alley, street, way, lane, bikeway, bridge, or trail. The deed of
conveyance shall be delivered to and accepted by the director of transportation
in the case of a state highway, road, alley, street, way, lane, bikeway,
bridge, or the board of land and natural resources in the case of a state
trail. In the case of a county highway, road, alley, street, way, lane,
bikeway, bridge, or [county] trail, the deed shall be delivered to
and accepted by the legislative body of a county[.]; and
(2) Notwithstanding
legal ownership, [Surrender] surrender of public highways,
roads, alleys, streets, ways, lanes, bikeways, bridges, or trails shall be
deemed to have taken place if [no]:
(A) No act of ownership by the owner of the highway,
road, alley, street, [bikeway,] way, lane, [trail, or] bikeway,
bridge, or trail has been exercised for five years [and when, in the
case of a county highway, in addition thereto, the legislative body of the
county has, thereafter, by a resolution, adopted the same as a county highway
or trail.]; or
(B) A county undertakes repair and maintenance of a highway, road, alley, street, way, lane, bikeway, bridge, or trail pursuant to a county maintenance and repair program, that highway, road, alley, street, way, lane, bikeway, bridge, or trail;
In every case where the road, alley, street, bikeway,
way, lane, trail, bridge, or highway is constructed and completed as required
by any ordinance of the county or any rule, regulation, or resolution thereof
having the effect of law, the legislative body of the county shall accept the
dedication or surrender of the same without exercise of discretion.] provided
that driving on the private highway, road, alley, street, way, lane, bikeway,
bridge, or trail shall not, on its own, constitute an act of ownership. The
county shall accept without exercise of discretion all surrendered highways,
roads, alleys, streets, ways, lanes, bikeways, bridges, or trails, except where
the State has notified the county within thirty days of the surrender that it
will accept the surrendered highway, road, alley, street, way, lane, bikeway,
bridge, or trail. Any occupant or owner of abutting land may notify the county
of a highway, road, alley, street, way, lane, bikeway, bridge, or trail that
the resident or landowner believes qualifies for surrender under this
subsection. Following receipt of the notice, the county shall accept the
highway, road, alley, street, way, lane, bikeway, bridge, or trail as
surrendered and record its ownership with the state bureau of conveyances,
unless the county establishes other proof of ownership within six months of the
notice."
SECTION 3. S.B. No. 2372, S.D. 2, is amended by changing the effective date to July 1, 2050.
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( ) Carried
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( ) Failed to Carry
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( ) Withdrawn
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