RES 072 Draft 01 2002-2004 - Laserfiche WebLink

Home

COUNTY OF HAWA~`"~"~ ~,~'ATE OF HAWAII RESOLUTION NO. 72 03 RESOLUTION AUTHORIZING THE MAINTENANCE OF CERTAIN ROADS CURRENTLY CLASSIFIED AS A "ROAD IN LIMBO." WHEREAS, Chapter 264, Hawaii Revised Statutes, divides government highways into two types: (1) the state highway system, under the jurisdiction of the state department of transportation, and (2) county highways; and WHEREAS, there are many roads identified on maps and deeds as government roads that are not within the state highway system, but have not historically been included in the county's inventory of county roads, and have not been regularly maintained by the county; and WHEREAS, the term "roads in limbo" has been used for such roads, which appear to be government roads, but for which the state and county have not accepted responsibility; and WHEREAS, according to Attorney General opinion, A.G. Op. 86-15, Attorney General letter dated October 13, 1999, A.G. letter opinion dated July 21, 1999, and Corporation Counsel opinion number 96-05, such "roads in limbo" are under the jurisdiction of the county; and WHEREAS, there are over 450 miles of such "roads in limbo" that have been identified by the Department of Public Works by reviewing existing tax maps and then delineated on the appropriate tax map plat. These roads were not confirmed on the ground and not researched as to title; and WHEREAS, a copy of those delineated tax map plats was provided to the County Council in Communication No. 140.8 (2002); and WHEREAS, some of the roads in question are "paper" roads, that do not exist on the ground, and those that do exist, are generally far below modern road standards; and WHEREAS, it is not known who actually built many of the "roads in limbo" that do exist on the ground, and in many cases, it is not known whether the physical alignment of the road is within the legal right-of-way; WHEREAS, many parcels of land take their legal access from these "roads in limbo", including many lots created by the government of the Territory of Hawaii as homesteads; and WHEREAS, the administration is currently reviewing major problematic issues, such as defining the extent of improvements fora "road in limbo" and