Bill > HB860

This bill addresses the issue of "roads in limbo" - streets with disputed ownership or jurisdiction between the State and a county - by creating a legal framework that allows for their repair and maintenance while protecting government agencies from potential liability. Specifically, the bill applies to counties with a population between 200,000 and 500,000 (which likely refers to Honolulu County/Oahu), and authorizes the State or county to repair or maintain streets where ownership is unclear. The legislation limits liability for the repairing agency, ensuring they can only be held responsible for damages directly arising from their specific repair or maintenance work. Importantly, the bill explicitly states that performing repairs or maintenance does not establish ownership or jurisdiction of the street. The bill notes that Hawaii has 408.9 miles of roads in this "limbo" status, including 122.6 miles of recognized government or homestead roads and 286.3 miles of "paper roads" (rights of way shown on tax maps but not yet built). The provisions are temporary, with the law set to be repealed on July 1, 2030, and agencies are permitted to post notices clarifying that their repairs do not establish permanent ownership. The goal is to enable road maintenance in disputed areas while protecting government entities from potential legal complications.

Justice, Transportation and Infrastructure

https://www.capitol.hawaii.gov/session/measure_indiv.aspx?billtype=HB&billnumber=860&year=2025