§198D-7 Examination of legal issues. The department, in consultation with the attorney general, shall examine legal issues relating to trails and accesses. The legal issues examined shall include:
(1) Theories, options, and doctrines by which trails and accesses may be placed into or retained in public use;
(2) The validity and feasibility of dedication requirements to obtain public use of trails and accesses;
(3) The extent of liability exposure of the State, counties, and private landowners when allowing trails and accesses under their respective jurisdictions to be used by the general public; and
(4) Strategies to reduce or limit the liability exposure of the State, counties, and private landowners in order to promote public use of trails and accesses under their respective jurisdictions which are closed to the general public. [L 1988, c 236, pt of §2]
Structure Hawaii Revised Statutes
Title 12. Conservation and Resources
198D. Hawaii Statewide Trail and Access System
198D-2 Establishment of Hawaii statewide trail and access program.
198D-5 Identification of proposed, potential, and needed trails and accesses.
198D-6 Regulation of use of trails and accesses.
198D-7 Examination of legal issues.
198D-7.5 Agreements to defend and indemnify.
198D-7.6 Limitation on liability.
198D-8 Request to acquire rights for public use of additional trails and accesses.
198D-9 Other powers and duties of department.
198D-10 Limitation on chapter's provisions.