§264-2.1 County highways; ownership. (a) As used in this section:
"Disputed road" means any highway, road, alley, street, way, lane, bikeway, bridge, or trail that is open to the public and is located in any county with a population of five hundred thousand or more, for which there is a dispute over ownership and jurisdiction, as determined by the department of transportation, between the State or any of its political subdivisions and a county or a private party, or between a county and a private party.
(b) If no party has exercised ownership over the disputed road in the five years prior to July 1, 2017, the disputed road shall be deemed to have been surrendered to the county in which the road is situated, pursuant to an administrative order issued by the state director of transportation. The county shall accept without exercise of discretion all surrendered roads and shall record its ownership immediately with the bureau of conveyances.
For purposes of this subsection, driving on a disputed road shall not, on its own, constitute an act of ownership. [L 2017, c 208, §2]
Revision Note
In subsection (b), "July 1, 2017" substituted for "the effective date of this section" pursuant to §23G-15.
Structure Hawaii Revised Statutes
Title 15. Transportation and Utilities
264-1 Public highways and trails.
264-1.5 Emergency powers; traffic emergency zones.
264-2.1 County highways; ownership.
264-3 Disposal of abandoned public highway.
264-4 Restoration of boundary markers.
264-5 In lieu of other compensation.
264-6 State highway not to be disturbed without permit.
264-8 Specifications, standards, procedures.
264-9 Backfilling, repaving, repairing, expense of permit holder.
264-10 Deposit of fees, etc.; inspectors.
264-12 Penalty for violations.
264-13 Easements, etc., along state highways.
264-14 Permit and paving requirements.
264-15 Highway advance acquisition; source of funds.
264-16 State highway clearing accounts.
264-18 Use of highway fund for bikeways.
264-20 Flexibility in highway design; liability of State, counties, and public utilities.
264-20.7 Clean ground transportation goal.
264-22 State highway department.
264-25 Signs and markings on federal-aid highways.
264-26 Combination of federal and state funds.
264-28 Federal-aid projects; mandatory on council.
264-30 Transfers of county funds.
264-31 Maintenance of federal-aid highways.
264-32 Utility facility defined.
264-33 Relocation of utility facilities.
264-34 Portions of projects deemed one.
264-35 Assistance for displaced families and business.
264-36 Conformance with county general or master plans.
264-42 Authority to include other public highways in the state highway system.
264-44 Maintenance of state highway system.
264-61 Definition of a controlled-access facility.
264-62 Authority to establish controlled-access facilities.
264-63 Acquisition of property.
264-65 New and existing facilities; grade-crossing eliminations.
264-66 Authority to enter into agreements.
264-72 Control of outdoor advertising.
264-74 Removal of nonconforming outdoor advertising.
264-75 Compensation for removal of outdoor advertising.
264-76 Unlawful outdoor advertising.
264-79 Agreements with the United States authorized.
264-85 Junkyards lawfully in existence.
264-86 Requirement as to screening.
264-87 Authority to acquire interest in land for removal and screening of existing junkyards.
264-90 Agreements with the United States authorized.
264-101 Vending from highways prohibited.
264-122 Highway development special fund.
264-123 Authority to assess impact fees; needs assessment study.
264-124 Impact fees; director's consent.
264-125 Refund of impact fees to county.
264-127 Limitations on actions.
264-131 Sidewalk project priority lists.
264-142 Ground transportation facilities.