2013 Hawaii Revised Statutes
TITLE 6. COUNTY ORGANIZATION AND ADMINISTRATION
46. General Provisions
46-15.9 Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute.

Cross References

Emergency preparedness, see §125C-32.

Jurisdiction over real property taxation, see state constitution, article VIII, §3 and chapter 246A.

§46-15.9 Traffic regulation; repair and maintenance; public right to use public streets, roads, or highways whose ownership is in dispute. (a) Any provision of law to the contrary notwithstanding, any county and its authorized personnel may impose and enforce traffic laws and shall enforce chapters 249; 286; 287; 291; 291C; 291E; 431, articles 10C and 10G; and 486, part III on public streets, roads, or highways whose ownership is in dispute between the State and the county.

(b) Any provision of the law to the contrary notwithstanding, any county and its authorized personnel may repair or maintain, in whole or in part, public streets, roads, or highways whose ownership is in dispute between the State and the county.

(c) No presumption that a county owns a particular street, road, or highway shall arise as a result of the county's performance of the activities allowed by subsection (a) or (b).

(d) The general public shall have the unrestricted right to use public streets, roads, or highways whose ownership is in dispute between the State and the county to access the shoreline and other public recreational areas; provided that this subsection shall not apply to any private street, road, or highway whose ownership is in dispute.

(e) As used in this section:

"Public recreational area" means coastal and inland recreational areas, including beaches, shores, public parks, public lands, public trails, and bodies of water opened to the public for recreational use. [L 2008, c 56, §2; am L 2010, c 153, §1]