HomeMy WebLinkAboutCOM 0047.014 2020-2022 P/Colmdl
P;fl 217
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From: Mary Gray
Sent: Tuesday, December 22, 2020 7:38 AM COUNTY CLERK
To: Council Testimony COUNTY OF HAWAIII
Subject: Testimony against Bill 217 Draft 2 RECEIVED
Time 1"M A.M. �y
Testimony against Bill 217 Draft 2
Date DEC 2 2 2020
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County Councilmembers,
As residents of the State of Hawaii, we do not support Bill No. 217. The idea of preserving and protecting Waipi`o
Valley is important and worthy, Bill no. 217, however, is not the way to do this. This bill is imposing restrictions on
access to Waipi`o which are overreaching, shortsighted and will eliminate the established, well fought for, rights of
Hawaii residents.
As taxpayers, stewards and respectful users of Waipi`o Valley we are left wondering how prohibiting our access can
be happening when our rights have already been established.
Restricting Hawaii residents' foot traffic into Waipi`o Valley violates NRS section 264-1, and HRS section 7.1 — "All
roads are free to all." The Highways Act of 1892, NRS section 7.1, and HRS section 264-1 protects the right of way
for foot traffic for Hawaii residents.
Waipi`o Valley is private land with public right-a-way, because the roads are either public roads by use or excluded
on titles or by virtue of the connection to the Mulawail trail system through all the valleys between Waipi`o and
Pololu.
The right of way is a right of the people:
§7-1 The people shall also have a right to drinking water, and running water, and the right of way. The springs of
water, running water, and roads shall be free to all, on all lands granted in fee simple;
§264-1 (e) All county public highways and trails once established shall continue until vacated, closed, abandoned, or
discontinued by a resolution of the legislative body of the county wherein the county highway or trail lies. All state
trails once established shall continue until lawfully disposed of pursuant to the requirements of chapter 171.
What this means
You cannot extinguish Hawaii residents' rights to walk into the valley and across the valley onward along the
Mulawai trail or along the roads in the valley if they are public roads. There are many hiking clubs and other nature
enthusiasts, such as ourselves, who hike across the valley to valleys beyond to camp and enjoy the quietude of
nature.
If this Bill passes, will the people who are allowed access, PAY for the maintenance and policing of the road? If we
are not allowed access, we should not have to pay taxes for keeping the roads up.
In addition, how can you impede access to the Beach? HRS §§ 115-4, 115-5, Revised 2010, states shoreline public
access is a common law right. PLEASE understand the importance of this STATEWIDE LAW. At the December 16
Facebook Live meeting Valerie Poindexter stated "there are many ways to access Waipi`o Beach". This is NOT true.
There is one road in, and one road out. We the people of Hawaii, have the right to access the shoreline of Waipi`o,
this had ALREADY been established. Many people do NOT have four wheel drive vehicles to drive down to the
beach at Waipi`o. .41
Comm. o. 1;�—
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Ref. bate DEC 23 22
Please reconsider any pedestrian restrictions to Hawaii Residents.
Sincerely,
Mary and Mike Gray
Kukuihaele
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