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I donÓt know if the government gave up its rights to the homestead road or whether it
<br />gave up its rights to the Alanui Kauila. The fact that the government still owns portions
<br />of those roads, both to the north and to the south in various ahupuaÒa would lead me to
<br />believe that the government has not given up its rights. Furthermore, the Attorney
<br />General has opined that there is no adverse possession against the sovereign. So whether
<br />or not the sovereign indicates it owns it or not, it canÓt be dispossessed of its road. And,
<br />in particular, this one IÓm sure is subject to the Highways Act of 1892.
<br />With that as a little background, I think this provides the Commission, and the Director,
<br />and myself, and the community a wonderful opportunity to collaborate, to ensure that
<br />property owners like Mr. Ha are not adversely dispossessed of their future abilities to
<br />utilize their land consistent with the underlined land use of the LUPAG Maps. I think
<br />anyone can see from this map, and if you canÓt you certainly hea
<br />urbanization of this area to avoid urban sprawl, etc., etc. And I believe in your
<br />Background Report thereÓs quite a comment -, and your recommendation from the
<br />Director, quite a commentary on the concerns, and what this is being used for, and why
<br />itÓs more rural than directly urban.
<br />But in order to facilitate the proper planning and development of this area and
<br />coordination of the needs for citizen and automobile movement, that would be pedestrian
<br />and vehicular movement, I think itÓs incumbent on us to hear wha
<br />ensure that, indeed, these roadways can connect. I will tell you from my personal
<br />knowledge of this area that Ahiahi Street is, I believe Ahiahi Street was originally part of
<br />the Alanui Kauila and was realigned to be more in keeping with the plat map of that
<br />subdivision. If one goes to the southern end of Ahiahi, which you see on Exhibit A, there
<br />has been a subdivision which has been developed there of a few lots. And if not for a
<br />barricade, which was put up there, if one went straight in the middle of the night, one
<br />would go into about a 40-foot hole. So while itÓs easy to look at a two-dimensional map
<br />and say where these roads could connect, I think Mr. Fuke is correct when he says that
<br />there are topographic constrictions. And I would say very, and I would add very quickly
<br />that with respect to the homestead road which runs mauka-makai, its intersection with the
<br />Mamalahoa Highway, it would be virtually impossible for that connection to meet
<br />County dedicable standards because the road is probably 25 degrees there. Furthermore,
<br />itÓs currently gated. I donÓt know whether itÓs locked or not.
<br />But I have met with members of the community who called me, IÓve
<br />Mr. Fuke and some of the other ownersÓ representatives who are here today, to talk about
<br />this very important question about how do we allow, how do we build community, and
<br />how do we foster and facilitate interconnected roadway interconnections and pedestrian-
<br />ways which is, as Mr. HaÓs pointed out, the homestead road is a 20-foot right-of-way.
<br />It may be prudent for you to consider, and for me and the Counci
<br />comes to us, the acquisition of 15 feet from each property to ma
<br />way in the future, at least portions of it. But I wanted to caution you, for those of you
<br />who might not be familiar with it that at the mauka end, that is the eastern end, this would
<br />be a very difficult connection. Furthermore, as we observe this, we note that Kona Hills,
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