HOUSE OF REPRESENTATIVES	H.B. NO.	860
THIRTY-THIRD LEGISLATURE, 2025		H.D. 1
STATE OF HAWAII		S.D. 2

A BILL FOR AN ACT

RELATING TO LIABILITY.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that roads for which ownership or jurisdiction is in dispute between the State and a county, commonly referred to as "roads in limbo", often suffer from a lack of repair and maintenance. The legislature further finds that government agencies are unwilling to maintain these roads because of potential liability issues associated with repair and maintenance.

The legislature further finds that on the island of Hawaii, there are 408.9 miles of roads in limbo located island wide. There are also 122.6 miles of roads in limbo that are recognized as government or homestead roads and 286.3 miles of paper roads, or rights of way that are shown on tax maps but have not yet been built. This situation highlights the urgent need for clear action to address dilapidated roads while ensuring the State or counties are not held liable for repairing or maintaining a road that may not be under their jurisdiction under certain circumstances.

Accordingly, the purpose of this Act is to:

(1) Authorize the State and counties to engage in repair or maintenance of streets in cases in which the ownership or jurisdiction of the streets is in dispute between the State and a county; and

(2) Specify liability in the event of an incident resulting in personal injury or property damages.

SECTION 2. Chapter 663, Hawaii Revised Statutes, is amended by adding a new section to part I to be appropriately designated and to read as follows:

"§663-   Liability of the State or county repair or maintenance of certain streets. (a) The State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county.

The State or county that repaired or maintained the street, as applicable, may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time.

For the purposes of this subsection, "street" has the same meaning as defined in section 291C-1.

(b) For the purposes of this section, repair or maintenance of a street shall not be deemed to confer ownership or jurisdiction over that street if the ownership or jurisdiction over the street is in dispute between the State and the county."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 3000; and shall be repealed on July 1, 2030.

Report Title:

Roads in Limbo; Liability for Repair or Maintenance; Counties

Description:

Specifies that the State or county may repair or maintain any street of which the ownership or jurisdiction is in dispute between the State and county. Specifies that the State or county that repaired or maintained the street may only be held liable for acts or omissions arising out of the repair or maintenance of that street that the State or county performed at any time. Deems that repair or maintenance of a street shall not confer ownership or jurisdiction over such street if the ownership or jurisdiction over the street is in dispute between the State and the county. Sunsets 7/1/2030. Effective 7/1/3000. (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.