Two bills aimed at tackling private roads issues were adopted by the recently-concluded State Legislature. They include
- HB 2604, HD1, SD1, CD1 – Relating to the Acquisition of Real Property (Saiki): The measure clarifies that acceptance by the Territorial Legislature or the Legislature of a dedication of land in the Kakaako Community Development District by a private owner is sufficient to convey title to the State.
- HB 2049, HD2, SD2, CD1 – Relating to Transportation (Yamane et al): The bill establishes a roads commission to make recommendations on the ownership of private roads. It adds roads, alleys, streets, ways, lanes, bikeways and bridges to the list of public highways or public trails that can be dedicated or condemned. It also exempts the State and counties from maintaining or improving condemned roads, appropriates funds for the repair and maintenance of specific roads and appropriates funds for the roads commission.
Both measures are now under review by the Governor and departments; the deadline for notifying state legislators of the Governor’s intent to veto specific measures is June 27, 2016. The veto deadline is July 12, 2016
Last week, our Public Works, Infrastructure, and Sustainability (PWIS) Committee held an informational discussion on proposed legislation relating to the Kakaako Public Infrastructure and Facilities (KPIF) Working Group. We asked Department of Transportation Services and Honolulu Police Department to comment on proposed legislation to clarify county regulatory authority over traffic upon the following roadways:
- The public streets of the city;
- Private streets, highways, and thoroughfares:
a. Which has been continuously used by the general public for more than six months, or
b.Which are intended for dedication to public use as provided in HRS section 264-1, and are open for public travel but have not yet been accepted by the city;
- Such private properties as having been designated and identified as a special parking stall for disabled persons pursuant to section 41-28.3; and
- Bicycle paths constructed on easements granted to the city.
The DTS Director generally agreed with the measure and recommended changes to harmonize the bill’s provisions with the Hawaii Revised Statutes. HPD concurred that clear terminology would assist HPD to beat officers in their enforcement of state traffic code provisions on many private roads in Kakaako. Based on the two departments’ recommendations, a revised draft will be prepared for introduction shortly.