HomeMy WebLinkAboutCOM 0901.007 2008-2010Murashige, Laura (,v. £U
From: toni withington [sundownertoni @yahoo.com]
Sent: Monday, August 16, 2010 10:16 AM
To: counciltestimony @co.hawaii.hi.us
Subject: Res. 377 -10, Finance Committee 8/17/10
Attachments: CC test. tw on homestead roads 8- 10.doc
8/16/2010
Gi BUG 16 r41 11 ,, ;
Testimony against Res. 377 -10, Finance Committee August 17, 2010
Page 1 of 2
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Resolution 377 -10 "AUTHORIZING THE ABANDONMENT OF A PORTION OF THE OLD
HOMESTEAD ROAD IN KA`O (ALSO KNOWN AS KAMA`OA ROAD), AND SALE OF
REMNANT" is an extremely ill- advised proposal. This proposal is not simply the sale of a
localized road remnant in Ka'u. It affects public access. It threatens the continued existence
of public title to old homestead roads throughout the island. We have lots of old homestead
roads that are owned by the County here in North Kohala. I live on one. To think that
someone can gate off a public road is criminal. To think that the County can sell off public
roads for the benefit of landowners who want it private is criminal as well. You on the County
Council are supposed to be protecting public access and public property. This resolution is
bad policy.
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
Ref. Toi `
Ref. Dote
Page 2 of 2
criminal acts. Those people are spoiling it for the vast majority of law- abiding citizens who
want and need legal public accesses to Hawai'i'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. Vote it down.
Toni Withington - -- Hawi, North Kohala
8/16/2010