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

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

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

(d)  For the purposes of this section,"subdivision" means any land which is divided or is proposed to bedivided 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 ormore lots are offered as part of a common promotional plan of advertising andsale.

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

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

 

Revision Note

 

  "May 22, 1973" substituted for "theeffective 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 Nota Planner?"  A Constitutional Challenge of the Hawai`i Public AccessStatute.  23 UH L. Rev. 409.