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4o••.p,o. <br /> w~: <br /> <br /> iephen Y Imashiro Richard Wurdeman <br /> Mayor ~ - Corporation Coumd <br /> •r . •'a <br /> ~l[ n'i',jrr <br /> U.II1T1tf~J II~ ~FIf1TtItT <br /> OFFICE OF THE CORPORATION COUNSEL <br /> (01 Aupuni Street. Suite }25 • Hilo, Hawaii 96720A262 • (808) 961-8251 • Faz (808) 961.8622 <br /> 20 August 1996 <br /> OPINION NO. 96-05 <br /> MS. DONNA FAYE K. KIYOSAKI <br /> Director, Public Works <br /> 25 Aupuni Street <br /> Hilo, Hawaii 96720 <br /> SUBJECT: PAPER ROADS <br /> Dear Ms. Kiyosaki: <br /> This office continues to receive requests from the Department of <br /> Public Works requesting opinions on the ownership of roads. <br /> Some of these roads are true "paper" roads, in that they appear <br /> on maps but have never been used as roads. Others are old roads <br /> which have fallen into disuse and disrepair. Still others, are <br /> private roads which have long been in public use. The factual <br /> variations are infinite, and too often the factual history is <br /> not readily available, without extensive research. Although <br /> there may be special circumstances that affect individual roads, <br /> the following general principles apply. <br /> I. Public Highways <br /> Undez the terms of the Highways Act of 1892. (Act 47 of 1892) <br /> all roads existing at that time, were declared to .be public <br /> highways, and title thereto was vested in the Government. In Re <br /> Aonlication of Kellev, 50 Haw. 567 (1968). <br /> In addition, all roads, alleys, streets, ways, lanes, bikeways, <br /> and bridges opened, laid out, or built by either the <br /> Territorial, State or County Governments since 1892, are public <br /> highways. HRS §264-1. All such highways are county highways, <br /> unless they have been designated to the part of the State <br /> Highway System by the Director of Transportation. HRS §264-41, <br /> 42, Santos v. Perreira, 2 Haw. App. 387 (1982) ~j <br /> Comm. No._ 2 <br /> Ref. Toh~~~rM ~ <br /> Ref. Date <br /> <br />