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2008-09-04 TNORTH KOHALA CDP
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2008-09-04 TNORTH KOHALA CDP
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TORIGOE: I think Mr. Yuen’s comments are consistent with what, you know, <br />basically in my mind -. I often am asked the question from various quarters since I work <br />with the Department of Public Works whether a trail or a road is open to the public and is <br />a public road. And it’s a really, really difficult question to answer. It has to be taken on a <br />case-by-case basis, looking at the history of the road, who built it, you know, what the <br />history of it is. So it’s just, you know, basically if it’s just a wish list, I would say that it <br />would have very little, if any, relevant implications for legal access on the part of the <br />public. Each one would have to be looked at very carefully on a case-by-case basis. <br />WOODWARD: All right. Any other -? <br />HOUSEL: Okay, thank you. <br />DOMINGO: Mr. Chairman? <br />WOODARD: Mr. Iwashita. Oh, Mr. Domingo. <br />DOMINGO: Mr. Chairman, thank you. Are these recommended accesses <br />already being used today? Are they widely used by the public? <br />SALAVEA: To my knowledge, some access ways are used with landowner’s <br />permission. Some accesses, some of the trail ways are used not so much with permission <br />but for whatever reason are still used somewhat. And to clarify or expound upon what <br />Mr. Torigoe said it is really a case-by-case basis; and to make a sweeping statement <br />regarding all of the access would be, it was the focus group’s intent as well as the <br />Steering Committee’s intent to make sure that this is just the starting point of beginning <br />to formalize the accesses. <br />DOMINGO: Yeah, I only asked that question because of the statements that <br />Mr. Torigoe made. And there are legal accesses at this time based on those accesses <br />being used, established accesses used many, many years ago by the public, and there are <br />accesses which are seldom being used. And, you know, I don’t know if we should add <br />some clarity to this as I cannot visualize this going back to the community and having it <br />rehashed again, you know, in the interest of the time constraints, and reworking -. But <br />that is a point because accesses established by many years of use will be recognized. I <br />think we’re looking at the legal aspect of all of this, and from that legal aspect it’s <br />workable, you can establish a public access. But others can be granted only if the owner <br />of the property would come for a permit, and then that can be used as a point of, qualify <br />for demanding that access is a requirement by granting of the zoning or a permit. So <br />there are several implications involved in this; and it’s very complicated, yes. <br />WOODWARD: Yes, Director Yuen. <br />YUEN: Yeah, I just want to say many of the accesses listed are public <br />right-of-ways and well recognized as such.And the point of working on the plan, some <br /> EXHIBIT C <br />15 <br /> <br />
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