COM 0234.001 2002-2004 - Laserfiche WebLink

Home

The Honorable Timothy E. Johns July 21, 1999 Page 4 The definition of public highways under HRS § 264-1(a), is identical to the original definition of public highways found in the Highways Act o` 1892. The terms "opened" and "built" in the statute are apt to describe a road that actually has been built and exists on the ground. The term "laid out," on the other hand, is more likely to describe a road that has not been built yet, but is intended to be built. Zn order to ,certain the true meaning of a statute, we are generally guided by canons of statutory interpretation. "[T]he fundamental starting point is the language of the statute .itself." Mathewson v. Aloha Airlines Inc., 82 Haw. 57, 71, 919 P.2d 969, 983 (1995). When there is doubt, doubleness of meaning, or indistinctiveness or uncertainty of an expression used in a statute, an ambiguity exists. (citation omitted). And fifth, in construing an ambiguous statute, the meaning of the ambiguous words may be sought by examining the context, with which the ambiguous words, phrases, and sentences may be compared, in order to ascertain their true meaning. Moreover, the courts may resort to extrinsic aids in determining the legislative intent. (citation omitted). Peterson v Hawaii Elec Liaht Co Inc 85 Haw. 322, 328, 944 P.2d 1265, 1271 (1997). There is no statutory definition for the term "laid out." The term "lay out," however, is defined in ordinary terms as meaning "to plan in detail; to map out; to arrange as grounds or plans. (Webster's New International Dictionary, 2d ed., unabridged, 1950.)" In the Matter of Bishop Trust Co Ltd., 40 Haw. 730, 732 (1955), reh'g denied, 41 Haw. 650 (1955). In Bishop Trust, the Supreme Court of Hawaii, described the term "laid out," as meaning a road which is "delineated on a map or otherwise located and defined." Id., 40 Haw. at 732.