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BOWMAN: Well, it could be something to look into, to dedicate it to the Historical <br />Preservation Society; and then you can still have your residence but it would be dedicated <br />historically. <br />YEH: Yeah, well, a more recent vehicle for landowners has been to do these <br />conservation, perpetual conservation easements or acquisition by like Public Land Trust. So <br />that’s just something that from the Barsell’s standpoint that’s the landowner’s option to do that <br />for either tax or other purposes, where you can still own the property but you dedicate it to these <br />conservation uses. So there are vehicles that exist out there, yeah. <br />WOODWARD: Commissioner Housel. <br />HOUSEL: Yes. What’s the intended use for the second dwelling? <br />S. BARSELL: We have four grown children on the mainland and ten grandchildren -. <br />HOUSEL: Will they -? <br />S. BARSELL: That’s the intended use, family. <br />HOUSEL: Okay, so visiting not full time? <br />S. BARSELL: Visiting, visiting. <br />HOUSEL: Okay. Thank you. Not a rental then? <br />S. BARSELL: No. We do not intend to rent. <br />HOUSEL: Okay. <br />WOODWARD: I saw you were, do you have anything further to say, Director Yuen? <br />YUEN: No. The only, Tom Yeh mentioned this question of prescriptive rights and <br />the Association would be concerned about that. Actually State law on recreational use says that <br />if a private landowner voluntarily allows public access for a recreational use there are no <br />prescriptive rights that come of that. Prescriptive rights are rights that the public can have o <br />n a piece of private property from long usage. And typically, for example, and not, other <br />landowners can acquire rights.If a public uses, say a landowner has a no trespassing sign on <br />their property but the public uses a, but there’s a path and the public uses it for in excess of 20 <br />years over the landowners opposition, that can create a public, a prescriptive easement to use <br />that, to use that path. And that’s sometimes a way of, that public rights are acquired to go over <br />private property. There is a recreational use statue in Hawaii that is mostly a statute that takes <br />away the landowners liability for allowing public recreational use of their private property. It <br />says that basically if you voluntarily allow private recreational use on your property that you’re <br />immune from liability if a person gets hurt. But it also says that if you voluntarily allow the use <br />a prescriptive easement will not arise from that. <br />WOODWARD: All right. <br /> EXHIBIT B <br />17 <br /> <br />