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claimed by the State would end up ultimately at some point becoming a County road if it were, in fact, a government road to begin with from the ancient times. So the concern that I have from the Countys perspective or from our making a decision about this is that one of the principles of the law, as I understand, it is possession or the exercise of possession and control exposes you to liability, okay. So if the County does not, if its not clear now that the County has any liability arising from this road because of uncertainty of title, the fact -. I just want a clarification from the Countys top lawyer that our taking action, which incorporates, you know, were asking for improvements to be made by the applicant on this road as it adjoins the highway; and if doing so then exposes the County to liability which it didnt have before? Thats the kind of question that I would like to have addressed by Mr. Ashidas office, and, you know, so that it can be addressed up front and not just sort of left in limbo. SPRINGER:Commissioners Iwashita, are you then suggesting that we continue this matter until we have that written opinion? IWASHITA:Yes. SPRINGER:Commissioner Alameda. ALAMEDA:Just my thoughts out loud, Madam Chair. Again, Im going back to the purposeoftheapplicationandImnotsureifusasCommissionersneedtomakethatkindof decision of liability to the County. So Im kind of confused on -. SPRINGER:Commissioner Iwashita. IWASHITA:I agree with Commissioner Alameda, we shouldnt be making that decision. My concern is because of the uncertainty of the title of the road we may, and the conditions that were proposing to place, we may be actually doing that. And I dont want to, you know, do that inadvertently as it were or, you know, as a side effect. So, and I can see counsel is having these questions about my point. But I really would like to get, at least, you know, Id like Mr. Ashida to tell me, you know, Commissioner Iwashita, dont worry about it; and thats fine. SPRINGER:Mr. Torigoe, do you have any comments? TORIGOE:Well, our office is not in the practice of doing basically what would, you know, doing historical research and legal opinions on a case-by-case basis for applications that come in before the Commission or other boards. If our office is asked to do so in a particular case, I would hope that the applicant would bear the burden of producing the historical evidence to be analyzed or at least give us as much information as is available for that. And that would mean the kind of things that the Director was talking about, you know, maps that may indicate that there were some recognition of this road as a government road from territorial or pre- territorial times, evidence that would show that this was laid out by the State or the Territory as a road and was created by the government as a road. A typical case of this sort of thing would be when a homestead, you know, the government lays out a homestead and puts out a paper road that approximates where the current road is. And I suppose, even, I guess, the bottom is if there is such evidence and it seems that this was an old government road, then under HRS Chapter 18EXHIBIT C