COM 0234.001 2002-2004 - Laserfiche WebLink

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The Honorable Timothy E. Johns July 21, 1999 Page 3 apart portions of public lands for homestead lots and roads. In many instances, the government subdivided and sold the lots but never constructed or built the planned roads that were intended to connect the lots to a public highway. The roads, however, were shown on subdivision maps created by the government. In a memorandum dated June 8, 1992, we advised the Hawaii District Land Agent that such a paper road was not a "public highway" within the meaning of HRS ~ 264-1. We stated that in order for a road to be a public highway the road had to exist on the ground. Because of that conclusion, we further advised that paper roads on the public land in question should be treated as unencumbered state lands within the jurisdiction of the Department of Land and Natural Resources, rather than public highways subject to county jurisdiction. As such, the roadway lands could be disposed of by the State. For the reasons which follow, we reconsider the memorandum of June 8, 1992, and conclude that homestead paper roads are roads that have been "laid out" within the meaning of HRS ~ 264-1 and are thus "public highways." As to whether the spcific public highway, (Kalaniauli Road, Olaa Summer Lots, Puna, Hawaii, TMK 3rd/1-9-03), is under the jurisdiction of the State or under the jurisdiction of the county, we find that the road is owned by the county and subject to its disposition, not the BLNR's. DISCUSSION A. Definition of Public Highway. Hawaii Revised Statutes ~ 264-1, defines "public highway" as follows: (a) A11 roads, alleys, streets, ways, lanes, bikeways, and bridges in the State, opened, laid out, or built by the government are declared to be public highways. [Emphasis added.]