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HomeMy WebLinkAboutCOM 0901.010 2008-2010Murashige, Laura From: Deborah Chang [hkulaiwi ©yahoo.com] Sent: Monday, August 16, 2010 9:42 AM To: County Council Subject: Resolution 377 -10 Attachments: Please do not support this resolution.docx Mahalo for your understanding! Deborah 8/16/2010 comet. clo) 1J RUG 13 Page 1 of 1 PIFc Dear County Council Members, Please accept my sincere apologies for emailing you several times this morning with the same testimony. I received three separate "Failure to Deliver" notices and kept trying to send the attached testimony, using different methods, in response to the Failure Notices. As it turns out, I think it was just one district that was failing to receive the email. I'm so sorry!! You don't need duplicate emails, I'm sure. Now I know better. I'm finally using the special email address that has been set up for the purpose of giving testimony. Shows how often I provide testimony to all of you Cora CK . 901.10 Ref. To: Re *. Date AUG 17 'MU August 16, 2010 I recently learned of Resolution 377 -10 "AUTHORIZING THE ABANDONMENT OF A PORTION OF THE OLD HOMESTEAD ROAD IN KA`(J (ALSO KNOWN AS KAMA`OA ROAD), AND SALE OF REMNANT," which is scheduled for the Council's Finance Committee tomorrow. I will be off - island when the committee meets and urge you to oppose this extremely ill- advised proposal! This proposal is not simply the sale of a localized road remnant in Ka'u. It needs to be put in the broader context of public access and is a potential threat to the continued existence of public title to old homestead roads throughout the island. 1. The Resolution states that the subject old homestead road "has been gated for many years to deter crop theft and cattle rustling" and "has served only as access for the adjacent landowners." These are the reasons used to justify abandonment of this old homestead road which is presently owned by the County of Hawai'i. Gating of this old homestead road is a violation of Hawai'i County Code Chapter 22 (see Articles 2 & 8)! Is it no wonder that this public road has been used only for private purposes after being gated in violation of State (see HRS §28 -2) and County laws? The County and State are actually obligated by law to prosecute such obstruction of public property! 2. The Resolution goes on to state that it is "in the public's interest for the County of Hawai'i to allow the abandonment and sale" of this old homestead road. This would be a far - reaching precedent for all of the old homestead roads (and there are many island -wide) that are presently in public ownership! A number of these old homestead roads are also illegally blocked. 3. This Resolution sends out the message to landowners all over the island: "Go ahead. Gate and lock up public old homestead roads. Use them privately and you will be rewarded in time by the County's abandonment of those roads." The reasons used for illegally gating this public road are reasons that any adjacent landowner could use anywhere on this island, given similar circumstances. 4. How is this in the public's interest? The income that the County would receive from the sale of road remnants is trivial compared to the loss of old homestead roads to public access. 5. The road remnant that is the subject of Resolution 377 -10 is actually part of an extensive old homestead road network that exists in the South Point area. One of these segments is the mauka -makai access from Kama'oa Homesteads to the historic Ka'alu'alu Bay and Landing, a portion of which is posted with a "Keep Out/No Trespassing" sign (see attached photos). Could this become the next old homestead road to be abandoned by the County should this Resolution succeed ?! 6. I am not defending the minority of people who steal crops, rustle cattle and commit other criminal acts. Those people are spoiling it for the vast majority of law- abiding citizens who want and need legal public accesses to Hawaii's ocean and mountains. However, it is essential that public access over publicly owned lands, such as old homestead roads, be protected, as it is often impossible to gain public access over privately owned lands. In summary, Resolution 377 -10 is proposing abandonment of a public old homestead road for reasons that will encourage more illegal blocking by private landowners of public roads island -wide. It only serves the needs of a few private landowners and is definitely not in the public's interests. Deborah Chang Resident of Hamakua District hkulaiwiyahoo.com Old government road to Ka'alu'alu Signs like these give the appearance that the road is private.