STAND. COM. REP. NO. 1401

Honolulu, Hawaii

, 2025

RE: S.B. No. 321

S.D. 1

H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

Your Committee on Water & Land, to which was referred S.B. No. 321, S.D. 1, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO TRANSPORTATION,"

begs leave to report as follows:

The purpose of this measure is to require that fee simple absolute title of a privately-owned highway, road, alley, street, way, lane, bikeway, bridge, or trail held by a subdivider be deemed transferred to certain owners under certain circumstances.

Your Committee received testimony in support of this measure from three individuals.

Your Committee finds that many private roads that were created as part of a planned community development are owned by entities that have dissolved or are otherwise inactive. As a result, the community associations that maintain these roadways do not have actual title to the roads, which prevents the community associations from being able to secure financing or enter into contracts for road work and creates unnecessary barriers if the State or counties need to acquire an easement involving these roads. Your Committee believes that automatically transferring ownership of these roads after the subdivider has dissolved will ensure the State's roadways are appropriately maintained.

As affirmed by the record of votes of the members of your Committee on Water & Land that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 321, S.D. 1, H.D. 1, and recommends that it be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Water & Land,

____________________________

MARK J. HASHEM, Chair