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PC-43 Page 3 January 3, 2018 <br /> Council Member Lee Loy inquired how the language in this bill addresses the land court <br /> properties that were given tax map numbers. Mr. Arai responded that land court ensures clear <br /> title, and the County has the authority to subdivide land, however, for land court property, title <br /> must be first be cleared by the state surveyor, then the County can assign tax map key numbers. <br /> Mr. Arai stated that the county's subdivision process is required regardless of whether the <br /> property resides in the land court or regular system. Once final subdivision is approved, the <br /> maps are filed by the applicant with land court, which goes through its process to ensure title and <br /> confirm that the boundaries are accurate, then the County assigns the tax map key numbers. <br /> At Ms. Lee Loy's request, Mr. Arai explained the process for consolidation and re-subdivision, <br /> and how the bill would affect those lots. The process would be the same, where the department <br /> would research the parcel history and if the lot is not confirmed by a subdivision process, the • <br /> owner would be asked for further documentation. <br /> Council Member David asked about documentation that needs to be provided in order for a lot to <br /> be recognized as a legal lot of record. Mr. Arai said that in addition to what is already in the <br /> code, documentation of title, old maps, old file plans, and State maps can be provided. He added <br /> that there was a State surveyor in Hilo and when the office closed, the State transferred all maps <br /> to the County and the information has been archived. He further stated that they look for <br /> partitioning of land and recordation of it where a government entity recognized it. <br /> Council Member Kanuha expressed confusion and requested further clarification on what a <br /> homeowner can do to apply for subdivision without clear lot determination. Mr. Arai responded <br /> that providing this exception it will help these applicants. <br /> Council Member Kanuha asked how many subdivisions and lots would be affected by this <br /> change, and Mr. Arai responded that the number is unknown; however, they have looked at all <br /> subdivisions that have been approved since the early 1940s and they been have plotted on the <br /> Geographic Information System (GIS). The GIS system provides a tool to highlight the maps to <br /> shows which lands are covered by an actual subdivision action. This does not mean that <br /> everything else is illegal. There is not enough information to determine whether or not the <br /> unmarked parcels it went through the process. If it was recognized by entity prior to 1944, then <br /> it would be accepted it as a legal lot of record. This analysis has been done for every lot in this <br /> County. <br /> Council Member Lee Loy asked if consultation was done with the title companies prior to this, <br /> and Mr. Arai stated that the ability of title companies to provide accurate information is based on <br /> how complete government records are. They department researches the land court or the Bureau <br /> of Conveyances. The title company is aware of the county's process. This proposal provides <br /> clarity. <br /> PC Rept. No.: 43 <br />