| 47 | | - | SECTION 1. Chapter 264, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows: "§264- Orphan streets; ownership. (a) Notwithstanding any provision of law to the contrary, fee simple absolute title of an orphan street shall be transferred to an adjacent owner pursuant to subsection (b), when: (1) If the subdivider is an entity, the subdivider has dissolved or ceased to exist for no less than five years; or (2) If the subdivider is an individual, the subdivider is deceased and either the heirs disclaim their interest in the orphan street or no heirs can be located with reasonable diligence and a court order authorizing notice by publication is obtained in the action described in subsection (b). (b) The following shall apply to an action for transfer of title brought pursuant to subsection (a): (1) The action may be commenced in the circuit court for the county where the property is located by any adjacent owner; (2) The action shall include a sufficient survey or map to illustrate the property to be transferred and which portions will become part of any other property; (3) The party filing the action shall serve notice on all other adjacent owners. Any adjacent owner shall be entitled to appear and raise any objection to how the petitioner proposes to transfer title to the orphan street; (4) Notice of a hearing before the court shall be given to the parties identified in paragraph (3); and (5) The court: (A) May require proof of payment of unpaid property taxes assessed against the orphan street, if applicable; (B) May, if necessary, determine any issues of responsibility for existing or future maintenance obligations; and (C) If the petitioner has established the criteria required under this section and has provided a survey or map that the court determines is a proper division of the title to the orphan street, shall issue an order confirming the transfer of title which will be effective when the order is recorded in the bureau of conveyances; provided that if the property or any portion thereof is registered with the land court, the order shall be recorded with the office of the assistant registrar of the land court, and the assistant registrar shall issue a certificate of title to the prevailing adjacent owner covering the affected portion of the orphan street as described in the court order. (c) Any transfer of title pursuant to this section shall not operate to terminate, diminish, or restrict any easements, covenants, utilities, or rights of access, including implied rights of access, in favor of an adjacent owner, over, under, or across the orphan street that existed before the transfer of title. (d) For the purposes of this section: "Adjacent owner" means a person, firm, corporation, partnership, association, trust, or other legal entity or combination thereof, including a community association, that owns property that is contiguous to the orphan street in question. "Community association" means a nonprofit homeowners or community association existing pursuant to covenants running with the land. "Orphan street" means a highway, road, alley, street, way, lane, bikeway, bridge, or trail, title to which is vested in a subdivider that no longer holds an interest in title to any of the other lots or portions of the lots on the plat of consolidation or subdivision that created the orphan street and that has never been dedicated by deed of conveyance naming the State or county as grantee. "Subdivider" means a person, firm, corporation, partnership, association, trust, or other legal entity or combination thereof that caused the consolidation or subdivision creating the orphan street, or the duly authorized agent or lessee thereof." SECTION 2. New statutory material is underscored. SECTION 3. This Act shall take effect on July 1, 3000. |
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| 47 | + | 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) Notwithstanding any provision of law to the contrary, 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 no 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)(1). (b) For the purposes of 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 on July 1, 3000. |
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