COM 0234.001 2002-2004 - Laserfiche WebLink

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The Honorable Timothy E. Johns July 21, 1999 Page 2 BP.IEF ANSWER In brief, we conclude that a paper road which has been delineated or laid out on a subdivision map and originally created by either the State or a county, is a public highway, and in general,' is owned by the county in which the highway lies. Thus, in most instances, the county, not BLNR has jurisdiction to disDOSe of the road. BACKGROUND The question of how to treat a paper road under § 204-1, HRS, has arisen from time to time when the BLNR has been asked to grant a property owner an easement over a paper road on public land for access to the property owner's lot. The matter generally arises in the context of a request by homestead subdivision lot owner for an access easement from the State over the paper road in order to qualify for financing for a residence_ Financial institutions cenerally require a homestead lot to have access to a public highway before the applicant may qualify for a mortgage. Historically, the BLNR has granted to homestead lot owners easements fir access purposes over these paper roads. This action makes sense only if a paper road is not a county "public highway" owned by the county and as such may be treated as unencumbered state land subject to conveyance by the BLNR. An ,example of the problem arose recently on the island of Hawaii, where the government (State) created homestead lots on state public lands for leases and fee simple homestead ownership, pursuant to the Land Act of 1895 (Act). Section 212 of the Act authorized the Commission of Public Lands' to survey and set 2We say "in general" because although the specific determination of whether a paper road is owned by the State or county will be factually based in each instance, almost all if not all homestead paper roads will be county public highways. 'The Commission .~f Public Lands is the predecessor to the Board o` Land and Natural Resources. Act 32, 1302 Haw. Sess. Laws. 95.