[§46-6.5]  Public access.  (a)  Each
county shall adopt ordinances which shall require a subdivider or developer, as
a condition precedent to final approval of a subdivision, in cases where public
access is not already provided, to dedicate land for public access by
right-of-way or easement for pedestrian travel from a public highway or public
streets to the land below the high-water mark on any coastal shoreline, and to
dedicate land for public access by right of way from a public highway to areas
in the mountains where there are existing facilities for hiking, hunting,
fruit-picking, ti-leaf sliding, and other recreational purposes, and where
there are existing mountain trails.



(b)  These ordinances shall be adopted within
one year of May 22, 1973.



(c)  Upon the dedication of land for a
right-of-way, as required by this section and acceptance by the county, the
county concerned shall thereafter assume the cost of improvements for and the
maintenance of the right-of-way, and the subdivider shall accordingly be
relieved from such costs.



(d)  For the purposes of this section,
"subdivision" means any land which is divided or is proposed to be
divided for the purpose of disposition into six or more lots, parcels, units,
or interests and also includes any land whether contiguous or not, if six or
more lots are offered as part of a common promotional plan of advertising and
sale.



(e)  The right-of-way shall be clearly
designated on the final map of the subdivision or development.



(f)  This section shall apply to the plan of
any subdivision or development which has not been approved by the respective
counties prior to July 1, 1973. [L 1973, c 143, §2]



 



Revision Note



 



  "May 22, 1973" substituted for "the
effective date of this Act".



 



Law Journals and Reviews



 



  Beach Access:  A Public Right?  23 HBJ 65.



  "If a Policeman Must Know the Constitution, Then Why Not
a Planner?"  A Constitutional Challenge of the Hawai`i Public Access
Statute.  23 UH L. Rev. 409.