2009-02-AU Limited Scope Performance Audit of the Highway Fund

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Chapter 4: CHALLENGES FACING THE DEPARTMENT OF PUBLIC WORKS criteria for accepting responsibility and providing usable legal and emergency road access to properties still accessed by roads that were opened, laid out, or built to standards of another era. Certain historical roads may have even become completely overgrown because of lack of State or County maintenance and may not even appear to exist today. History of "Roads in Limbo" Many roads throughout the State were constructed or acquired by the Territorial Government of Hawai'i. When county governments were created in 1905, controversy and jurisdictional questions arose regarding highways, roads, and streets. Many of these roads were not repaired or maintained. The State attempted to resolve the dispute with various legislation: 1913 Hawaii, Senate Standing Committee Report on House Bill No. 280, 1913 Senate Journal at 1169. "Ever since the beginning of county government ... there has been a great deal of confusion in regard to the streets, roads, etc. This bill is designed to place the entire matter in the hands of the Boards of Supervisors of the several counties, where it properly belongs, thus doing away with all confusion and conflict of authority." 1947 Hawaii. Senate Standing Committee Report No, 341 on House Bill No. 90, 1947 Senate Journal at 903. "The purpose of this bill is to clarify, without extending, the provisions of the present law relating to public highways ... and the provisions concerning who shall be in charge of them." 1965 Hawaii, Senate Standing Committee Report No 468 on House Bill No. 364, Third Legislature, 1965. "This bill would erase any doubt as to the intent of the Legislature in 1963 when it passed Act 190 to turn over title to county highways." 1966 Hawaii, Senate Standing Committee Report No. 185 on Senate 6111320, Fourth Legislature, 1966. "There presently exists an uncertainty of jurisdiction and responsibility between the State and the several counties in the areas relating to highway ownership, maintenance and repairs ... The present Bill would clearly define the counties' responsibility." 22