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Ms. Donna Faye K. Kiyosaki <br /> 2J September 1996 <br /> Page 2 <br /> Although, under former law title to the rights of way for all <br /> public highways was vested in the Territory or State, In Re <br /> American Suaar Co. 29 Haw 820 (1927), title to all County <br /> Highways was transferred to the Counties by virtue of Act 221 <br /> (1965), now part of HRS §264-2. <br /> II. Private Highways <br /> Those roads, alleys, and streets built, laid out, or opened by <br /> private parties, become public highways only when they are <br /> surrendered or dedicated to public use. This surrender or <br /> dedication may occur either by deed of conveyance, or when the <br /> private owner has not ezercised any act of ownership for five <br /> years. In all such cases, however, the road does not become a <br /> county highway unless it is accepted by the Council, HRS <br /> §264-1. A road so dedicated, but not accepted, remains the <br /> property of the dedicator, but subject to some prescriptive <br /> right by the public, Territory v. Ala Moana Gardens 39 Haw. 517 <br /> (1952); Citv and County of Moan Inv Co., 1 Haw. App. 52 (1980), <br /> and, until acceptance, remain "roads in limbo". <br /> III. Paper Roads <br /> The much used term "paper roads" has become a catch all, <br /> describing all sorts of unused or abandoned roads. The true <br /> meaning, as we understand it to be, is roads which were laid out <br /> on a map, such as a subdivision plat, but which are never <br /> developed or used. <br /> Such roads, in our opinion, remain the property of the <br /> dedicator, although subject to an encumbrance that they be kept <br /> free of alterations which would prevent statutory dedication. <br /> City and County v Boulevard Prover ie 55 Haw. 305 (1973). <br /> This type of implied dedication, therefore, although divesting <br /> the landowner of the freedom to develop the property does not <br /> shift the responsibility of maintenance, or of title. <br /> IV. Summary <br /> We hope that this attempt to analyze this complez and often <br /> controversial subject will be of assistance. We wish to <br /> reiterate, however, that on any particular road, the factual <br /> history surrounding that road is critical. At times, the <br /> absence of such facts may make application of the applicable <br /> legal principles impossible. For ezample, was the road in <br /> <br /> question ever used as a vehicular right of way or is it a trail, <br /> and thus subject to the jurisdiction of the State Department of <br /> <br />