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THE SENATE |
S.B. NO. |
321 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
"§264-
Private streets;
ownership. (a)
Any provision of law to the contrary notwithstanding, fee simple
absolute title of a privately owned highway, road, alley, street, way, lane,
bikeway, bridge, or trail held by a subdivider shall be deemed transferred to
owners of property contiguous or adjacent thereto, or to the community
association consisting of the owners of property contiguous or adjacent
thereto, when:
(1) The subdivider has dissolved or ceased to exist for not less than five years; and
(2) There has not been a dedication of the privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail by deed of conveyance naming the State or county as grantee pursuant to section 264‑1(c).
(b) As used in this section:
"Community
association" means a nonprofit homeowners or community association
existing pursuant to covenants running with the land.
"Subdivider"
means a person, firm, corporation, partnership, association, trust, or other
legal entity or combination thereof causing land to be subdivided or
consolidated, which is the owner of the land or the duly authorized agent or
lessee of the owner."
SECTION 2. 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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Report Title:
Private Streets; Highways; Roads; Subdivider; Title; Fee Simple; Ownership; Community Association
Description:
Provides that fee simple absolute title of a privately owned highway, road, alley, street, way, lane, bikeway, bridge, or trail is deemed transferred to adjacent property owners or the community association if certain conditions are met.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.