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COM 0234.001 2002-2004
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COM 0234.001 2002-2004
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Last modified
5/13/2008 3:15:36 AM
Creation date
5/10/2008 12:13:30 AM
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Communications
Communications - Type
COM
Communications - Council Term
2002-2004
Communication
0234
Point
001
Author
Unknown
Communications - Referred To
PWIRC
Comments
Mentioned at workshop - 5/20/03 Presented: PWIRC - 5/6/03
Document Relationships
COM 0234.000 2002-2004
(Related)
Path:
\Council Records\Communications\2002-2004
RES 072 Draft 01 2002-2004
(Related)
Path:
\Council Records\Resolutions\2002-2004
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The Honorable Timothy E. Johns <br /> July 21, 1999 <br /> Page 6 <br /> this reading. The terms used to describe a public highway in HRS <br /> § 264-1, are "opened, laid out, or built." (Emphasis added). If <br /> the legislature, when it enacted HRS § 264-1(a), had intended <br /> that only highways which had actually been built could qual_fy as <br /> public highways, it would not have used the disjunctive "or" to <br /> set apart the three verbs listed in the definition of "public <br /> highway." Moreover, there would have been no point to using the <br /> term "laid out" in the statute if the term independently of the <br /> other verbs in the section did not by itself mean "public <br /> highway." If the statute intended to include only reads that had <br /> in fact been constructed by the government, the term "laid out" <br /> would be meaningless surplusage. <br /> A cardinal rule of statutory construction is to give effect <br /> to all parts of a statute so that no clause, sentence. cr word is <br /> rendered superfluous, void, or insignificant if a construction <br /> can be legitimately found which would give force to and preserve t, ~ <br /> all words of the statute. State v. Ortiz, 74 Haw. 343, 351-52, <br /> 845 P.2d 547, 551-52 (1993), recon. denied, 74 Haw. 650, 849 P.2d <br /> 81 (1993). To use the terms "laid out" and "built" in the <br /> conjunctive would be redundant and would not give to "laid out" a <br /> separate meaning. <br /> Based upon the above, we are of the view that a road such as <br /> the homestead paper road on the Big Island which has been <br /> delineated on a subdivision map created by the government, falls <br /> <br /> within the definition of "public highway" under HRS § 264-1(a), <br /> even though the road does not exist on the ground.' <br /> "Attorney General Opinion No. 63-54 states that a "public highway" <br /> <br /> pursuant to § 142-1, Revised Laws of Hawaii 1955, which is the predecessor to <br /> § 264-1, HRS, "is a road or street actually constructed and existing on the <br /> <br /> ground. It does not refer to a mere `paper' road or an unimproved way not <br /> open to the general public as a road." We are now of the view that the <br /> statement in AG Op. 6=-54 is incorrect, but because the discussion on the <br /> status of paper roads was not relevant to the question posed in the opinion, <br /> the statement does not. affec*_ the conclusion. reached in AG Op. 63-54, nor is <br /> the statement control:..ing precedent in the present analysis. <br /> <br />
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