THE SENATE S.B. NO. 321 THIRTY-THIRD LEGISLATURE, 2025 STATE OF HAWAII A BILL FOR AN ACT Relating to Transportation. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
THE SENATE S.B. NO. 321
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
THE SENATE
S.B. NO.
321
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
Relating to Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§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. INTRODUCED BY: _____________________________
SECTION 1. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§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.
INTRODUCED BY: _____________________________
INTRODUCED BY:
_____________________________
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.
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.