Communication No. 2019-10- NKCDP RR Trail Plans

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public highways." Furthermore, "All public highways once established shall continue until abandoned by due process of law".' The Highways Act of 1892 is included in Chapter 264-1(b), Hawaii Revised Statues (HRS), further defining the intent of the Highways Act, as follows: All trails, and other non -vehicular rights-of-way (ROW) in the State declared to be public ROW by the Highways Act of 1892, or opened, laid out, or built by the government or otherwise created or vested as non -vehicular public ROW at any time hereafter, or in the future, are declared to be public trails. A public trail is under the jurisdiction of the State Board of Land and Natural Resources — unless it was created by or dedicated to a particular county, in which case it shall be under the jurisdiction of that county. All State trails once established shall continue until lawfully disposed of pursuant to Chapter 171, H RS.' What this report will look at in more detail is whether or not the North Kohala Hawaiian Railroad alignment is: 1. Considered a road, under the definitions provided in the Highways Act of 1892 2. Was built by, or commissioned by, the Hawaiian Government 3. If the ROW has been lawfully disposed of pursuant to Chapter 171, HRS. 4. If there are portions of the ROW that have been lawfully disposed of, what are the recommended next steps? Can coastal access law and existing protected alignment supplement areas where this may happen? Historical and Legal Overview The very first railroad for the Hawaiian Kingdom was the North Kohala Hawaiian Railroad, approved in 1878. "An Act to Promote the Construction of Railways," approved August 1St, A.D. 1878. The Act was then changed by an amendment in August 1880 that clarified the "rather loose arrangement of the Act's Section 27 and 28"4 which related to the return of investment. It was then amended to "guarantee as subsidy of not more than two thousand five hundred dollars per mile of railroad actually constructed, equipped, and in complete running order, such completion to be evidenced by a certificate in writing of the Surveyor General, which certificate shall be filled in the office of said Minister."' The other amendment that was made, Section 28 of Chapter 29, further outlines the use of public funds for the construction of the railroad. Thus, it states "...the Minister of Finance is hereby authorized and required to pay on the certificate of the Minister of the Interior to the corporation... such sums of money as may be ascertained to be due by virtue and authority of the preceding section but not in any case to exceed 2Referenced from: http://punawaiola.org/es6/index.html?path=/Collections/Laws/Session Lawsl892001.pdf 3 ibid 4 Narrow Gauge in a Kingdom: The Hawaiian Railroad Company, 1878-1897. JC Conde, 1971 Glenwood Publishers 5 ibid