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Home My WebLink AboutCOM 0047.030 2020-2022 Cama3 COUNTY CLERK Pill COUNTY OF HAWAI e I COM", RECEIVED From: Claudia Rohr T 'Q( aM -® Sent: Thursday, November 19, 2020 4:01 AM Dates NOV 1 9 2020 To: Poindexter, Valerie; Council Testimony; michael.v.millay@hawaii.gov Subject: Bill that proposes to close the Road to Waipio Valley to foot traffic violates the Highways Act of 1892 Attachments: Highways-Act-Summary.pdf; ATT00001.htm COMPLAINT THAT COUNTY OF HAWAII COUNTY COUNCIL IS ATTEMPTING AN ILLEGAL ACT � To Michael Millay and County Council members Aloha-just plan to fix the road to Waipio Valley. If you need to, put some sort of signal system in for safety. Don't even start a fight about this. Restricting foot traffic into Waipio Valley violates the Highways act of 1892, attached_ All public trails are free to all. Even if you sold it to a different landowner it would be a public trail open to the public. Get advice from the DLNR Na Ala Hele statewide administrator, Michael Millay. i "The definition of public highway includes all existing trails at the time "or hereafter opened, laid out or built by the Government, or by private parties, and dedicated or abandoned to the public as a highway, are hereby declared to be public highways_" Furthermore, "All public highways once established shall continue until abandoned by due process of law". Chapter 264-1(b), Hawaii Revised Statutes (HRS) "The following HRS furthers the intent of the Highways Act: All trails, and other nonvehicular rights-of-way in the State declared to be public rights-of-way by the Highways Act of 1892, or opened, laid out, or built by the government or otherwise created or vested as nonvehicular public rights of way 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, HRS. What this means If the State can document the existence of a trail prior to 1892, and the feature has not been disposed of pursuant to Chapter 171, the State may claim the trail." Sincerely, Claudia Rohr lfilo, 111 96720 haps:/Idlnr.hawaii.�ovlrecreation/files12013109/Highways-Act-Summar�t?df Comm. NRwnol�"N Ref. o: 1 Ref. gate DEC2 3 2020 I I i { i f From: Claudia Rohr COUNTY CLE RK COUNTY OF HAWAIII Sent: Friday, November 20, 2020 6:13 AM RECEIVED To: Poindexter, Valerie; Council Testimony Ti _ By Cc: michael.v.millay@hawaii.gov Da Subject: Council Testimony- Bill 217 (proposes to close the roa � 2 -traffre violates the Highways Act of 1892, HRS section 264-1, and HRS section 7.1) Attachments: Highways-Act-Summary.pdf, ATT00001.htm; Safari.pdf, ATT00002.htm; PART I.pdf; ATT00003.htm j f I THE COUNTY OF HAWAII COUNTY COUNCIL IS ATTEMPTING AN ILLEGAL ACT E� II To Valerie Poindexter , and County Council members, i Restricting Hawaii residents foot traffic into Waipio Valley violates the Highways act of 1892, HRS section 264-1, and HRS section 7.1 which appears to date back to 1859. All roads are free to all. Even if you sold it to a different a landowner 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 may be able to charge a fee to non-residents like at Hanama Bay to use towards road maintenence but you cannot extinguish Hawaii residents' rights to walk into the valley and across the valley onward along the Ala Kai trail. 'There are many hiking clubs and other nature enthusiasts who hike across the valley to valleys beyond to camp and enjoy the quietude of nature. Sincerely, Claudia Rohr, Board member, Public Access Shoreline Hawai'i (DASH) Hilo, HI 96720 1 From: Claudia Rohr Sent: Saturday, November 21, 2020 2:S5 PM To: Poindexter, Valerie; Council Testimony Cc: Roth, Mitch; Kim, Harry Subject: Council Testimony - Bill 217 (proposes to close the road to Waipio Valley to foot traffic) Attachments: Highways-Act-Summary.pdf, ATT00001.htm; Safari.pdf, ATT00002.htm; PART I.pdf, ATT00003.htm COUNTY CLERK COUNTY of HAWAIII RECEIVED Ti :.0yJ By Bill 217 - Date BOY 2 1 2020 'To Valerie Poindexter, and County Council members, Restricting Hawaii residents' foot traffic into Waipio Valley violates HRS section 264-1, and HRS section 7.1 - - "AII roads are free to all." Most likely Waipio Road started out as a Hawaiian foot trail to and from the valley village and then it became a donkey trail (when donkeys arrived on the scene to aid in agricultural plantations). Sometime after the Great Mahele of 1843 the land was conveyed into private ownership, but the roads were most likely excluded as public roads or trails. The donkey trail became a road for vehicles to access the valley sometime after the advent of the mass produced automobile and probably not sooner than 1920, in my opinion. In any event, the Highways Act of 1892, HRS section 7.1, and HRS section 264-1 protects the right of way for foot traffic for Hawaii residents. I believe tour operators dropping off people to enjoy the beach which, below the shoreline, is unencumbered state land (not under control of the County) requires a DLNR (OCCL? Land division?)permit to run a commercial business. (Lynn Nakkim stopped tour operators from dropping off tourists and handing out masks and snorkels at Richardsons beach in Hilo at least). Tour operators will not want to go through that process. That just needs a written complaint to the right division of the DLNR, Valerie. The County would have to establish a parking lot on land which they control or `own' to collect parking fees. The parking fees would not be associated with the use of any road,but just the cost to park in parking lot to go to the viewpoint. Is the viewpoint a County or State park or facility or just land? Which government entity owns the look out? I don't think Hanauma Bay applies because it Was set aside as a beach park (State?). `�NTaipio 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 Ala Kahakai trail system through all the valleys between Waipio and Pololo. 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) Ail county public highways and trails once established shall corit- inue until vacated, closed, abandoned, or discontinued by a resolution of Uic leg-,!.slative body of the county wherein the county highway or trail lics . Atl 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 Ala Kahakal trail or along the roads in the valley if they are public roads. There are many hiking clubs and other nature enthusiasts who hike across the valley to valleys beyond to camp and enjoy the quietude of nature. What you are trying to do most likely will come under legal attack. Maybe you should check to see if the current or future Mayor would veto such a bill before you go any further? A lot of people's' time may be wasted? Sincerely, Claudia Rohr, Board member, Public Access Shoreline Hawaii (PASH) 1111o, 11196720 2