Hawaii House Bill HCR154

Hawaii 2024 Regular Session

• Introduced: 3/8/24
• Refer: 3/14/24
• Report Pass: 3/28/24
• Refer: 3/28/24

Caption

Requesting The Department Of Transportation To Conduct A Feasibility Study On Identifying And Facilitating The Repair And Transfer Of Private Or Disputed Roads.

Impact

The proposed feasibility study aims to create an inventory of private and disputed roads, allowing state and county agencies to prioritize necessary repairs based on road conditions and traffic volume. Furthermore, the study would also look into ways to draft memoranda of agreement to facilitate the transfer of road ownership from private entities to counties once the state has conducted essential repairs, thereby aiming for a clearer delineation of responsibilities regarding maintenance and jurisdiction. This could help streamline the process and ensure that public safety is not compromised due to jurisdictional disputes.

Summary

H.C.R. NO. 154, introduced in the 2024 session of the Hawaii State Legislature, calls for the Department of Transportation to conduct a comprehensive feasibility study to address issues surrounding private or disputed roads within the state. These roads often have unclear ownership between state, counties, and private individuals, leading to substantial maintenance challenges. The resolution recognizes the serious safety implications of inadequate maintenance on these roads, referred to as 'roads in limbo'. The main aim is to ensure safe access for the public traveling on these roads by identifying the necessary legal frameworks and actions to resolve ownership disputes and facilitate repairs.

Contention

While the resolution appears to be straightforward in its objective to improve road safety, there may be points of contention regarding the implications of transferring ownership of roads. Stakeholders might express concerns over what that would mean for private property rights and the responsibilities of state versus local government authorities. The study may also evoke discussions on the merits of utilizing federal funds for road repairs, particularly when private property is involved. Additionally, there could be debates on prioritizing which roads receive repairs, potentially leading to conflicts among communities depending on road usage and need.