Loading...
HomeMy WebLinkAboutCOM 0901.015 2008-2010 Page 1 of 2 P1 PC, Murashige, Laura ' ' Side, Visif and From: J S Yoshimoto pyoshimoto @co.hawaii.hi us1, ; i3 Iii; .J 0 MI ( ..:. _) Sent: Monday, November 08, 2010 11:06 AM To: Murashige, Laura Cc: Leslie, Earlanne Subject: FW: Site visit, public hearing re: illegal privatization of Old Gov't Rd., the original beltway, November 9th (Tues) Attachments: Exh.A- Old Govt Rd. WAS the highway, 1677.jpg; Exh.B- 1677 Gvt. survey reg map.pdf; Exh.0 -1677 map.jpg; Exh.D- extracted 1409 map.jpg; Exh.E -NPS trails assessment, Profess. Minerbi, UH.jpg; Exh.F -1920 USGS Quad topo map.jpg; Exh.G- HI County map of Old Govt Rd. connecting to hwy 19.tif; Exh.H- Kamaoa ahupua'a Mahele.doc; Exh.l- hig hways_act_1892.pdf; J Kinoshita's (land locked) opposition.jpg; Debbie Chang's opposition.pdf; Old Government Rd..jpg From: gypsie me [mailto:gypsieme @hotmail.com] Sent: Monday, November 08, 2010 10:35 AM To: joshimoto@co.hawaii.hi.us Subject: Site visit, public hearing re: illegal privatization of Old Gov't Rd., the original beltway, November 9th (Tues) Dear Councilman Yoshimoto, I want to express my appreciation for your efforts in holding this site visit and public hearing in order to shed light upon the illegal attempt to privatize a public road in favor of a select few to the loss of many. Attendance of this important public hearing and having our voices be heard is crucial exercise of our rights to democracy. Public access should be preserved for all to enjoy, not just private interests. Attached are documents and recent revelations that indicate this Old Gov't Rd. was indeed the original highway and some info. to better acquaint everyone with the issues. Mahalo. Peace... :) Teri Nguyen - First, the correct name of this road is the Old Government Road, not Old Homestead Rd. so named on Res. 377 -10 authored by Mr. Enriques, approved by Planning dept. director BJ Leithead -Todd and counsel Gerald Takase. - According to Professor Minerbi at UH, Grant 2445 to the Kahalawai family in 1857 "also talks of government road (alanui Aupuni) and reserves native tenant rights..appears to be the larger road that (sic) forms Hawaii Belt" [Exh.E] - Old Gov't Rd. appears as the original Hawaii beltway based on the traced Gov't Survey Registered Map 1677 and other docs [Exh. A, B, F, G] -Old Gov't Rd. appears on the 1885 map [Exh.C] -Map h90000.tif at the HI county site: http: / /www.hawaii- county.com /maps /tmk /9.htm clearly shows both the old as well as current realigned beltway. The map may be zoomed in for details. [Exh.G] - The Kamao'a ahupua'a was apparently retained by the government at the Mahele [Exh.H]. - According to Na Ala Hele's summary of the Highways Act of 1892, "If the State can document the existence of a Comm. No. D I. i T Ref. To: __ 11/8/2010 Ref. Date 9 2010 Page 2 of 2 trail prior to 1892, and the feature has not been disposed of pursuant to Chapter 171, the State may claim the trail. This applies even if the trail does not currently exist on the ground physically- in many instances trail sections have been destroyed over time due to various land uses or natural processes." [Exh. I] We know that at least 2 of the adjacent landowners who are pro privatization have ties to Mr. Enriques: 1. Mallick/Ensey contributed at least $2000 to Enriques' 2008 campaign under the name Holiday Inn of Covington in LA, $ 70 and $155 under Charles Ensey. Under what other entities, we do not know. https: / /nc.csc.hawaii.gov/ Report / Public /20080910150526CC10340SA.html Mr. Enriques denied this and chose not to recuse himself from voting at the council meeting on 8/17/10. 2. Dean Kaniho and Guy Enriques are high school buddies. Ka'u contains incredibly rich history, particularly South Point. The Ka Lae area is registered as a National Historic Landmark District and is the site of one of the earliest Hawaiian settlements. It boasts one of the longest archaeological records on the islands. Signs of early Polynesians are still abundant in the area with ruins and sacred places still honored by native Hawaiian people and protected by the State. For all these reasons and more, we would like to see the PROPOSED conservation and Important Ag Lands be forever protected from development: http: / /www.hawaii- county.com /general_plan_rev/ revision /maps /lupag /kau %o201.jpg We'd like to see this Old Gov't Rd. (old HI beltway) be restored and preserved as a Heritage /Historic road. Perhaps a portion of the 2% Land Fund could be allocated to the purchase of the surrounding land so that the public may have access to one of the most magnificent views of Ka Lae available. 11/8/2010 _ b ifp F) mo t ''` tt ' } n N , tt , "i 4 "' �,, �+ r 1.. Flry.7 5 lr•...�,.Y 4 • , e,,\ . / " Y- :ii v-i ' r y ,' i42 � yZ s A „ y [ 1 r ^ems 'r., a'�sr w+.. % �y4 -- N -__. s g Tvj • �� j v } 3 1 ' d 3 / �/ 3 / c ° -- 0 � a y i f T ��r ''''',/,` , I 1� I 1 N /4 _i A dd d ( .re 1 r � \ 6 n ,.; r �X I r ^ ms s_ - X Y ' t �.. 9 / . M � _� .w !mil \� - _ \ _ , ht "a�. rte^ .! .-r a 11 II yam. - ; }-� \ , � r ;: ' 1 , h y i Iv 1 I � a4 � � �r , \ V.s°- a� \ \ ,F`u . \ s,", 2^ ,' A \\ k \ h 3 '-v ti \ i M \ 4 Y i is w j, y4 . 7 ti , 4 ^ti / 1 , h 1, t t_ yy 1 Y _ _ _ Y i , 1- A. y k L \ J N a 3 i V A 4 W ? i 1 5 \� Y3 A t, 1 p, a rel � \ I 't 4� m .1 �=, I \ .t. \ " 9 H O a \ a V n ,,., ° \ • \T° \ I A, j A. A I i 0 4PS Trails /ALA Kahakai Big Island Azizil 11/3/2010 MAP Registered Map 1G77<extnact); year 1894 r ' 'UPS Trails /ALA Kahakai Big Island Azizi, S. 11/3/2010 Map Registered Map 1409 (extract); year 1885 / ,,/ �; `-- r : Tr f . . . .� r J . r ` ' , / N,..„., / / Crx- f:111 • r . T - - -.� / �V Roma/ Z �, ...re�e I.Z. f r ' Y ,.r i - ^� ! d ''� r Zir>s9 ry jA I 4'i ;"), K 1 A 0 r . . P a z / • ��� ." r 2 767._ I 67_ �,, ��'„ ` � t om., `f / ^!`I4 !�.m.kicI C Y r ?p ' „f: r / ' -. macna r �.-- T :fi�4 " ►, , i.,., ,� + NTALht _ ./ • I .- t 4 ., 16,,,,.._` 6T ZT2v S'� �. / 9 . . / / , U'►'zrr; 1 / r , i • f -\ -- , I— �.r I ,.,......._., r ' 1 1 NPS Trails /ALA Kahakai Big Island Azizi, S. 11/3/2010 Reg Map 1409 %11409 is one of the two maps that cover part of the area of the current Kamaoa rd (see map RM1409). There is a line that appears to be a trail, path or road starting W. Shipman's plot (gr 2787; 1861), touching grant Naihe's plot (gr 2694; year 1860). Makahelei plot (gr2219; 1857), Kahalawai's plot (gr 2445; 1857), Kamanuwai's plot (gr 2905; 1863), and ending at Kamanuwai's plot (gr 2720; 1860). This line has no name; however searching through the adjacent grants may indicate whether there was a road/ trail/ path in the area or nu,. Grant 2787 (Shipman) mention Aupuni (government) road and only road several times in describing the plot borders. It also reserved access rights by natives in the document. Neither Grant 2694 (Naihe), nor Grant 2219 (Makahelei) has language of any roads. Grant 2445 (Kamanuwai) and grant 2905 (Kamanuwai) also talks of government road (alanui Aupuni) and reserves native tenant rights. The thicker black line ending at the beginning of the smaller line appears to be the larger road the forms Hawaii Belt (see map below). This road is also referred to as government road (alanui Aupuni) in parcels along the road (e.g, grant 1941 Kekuhaupio). Therefore, it is not completely dear from Map 1409 whether the government road mentioned in the first group of grants is a continuation of the larger Hawaii Belt Rd or if it is a separate road. Reg Map 1677 Reg map 1677 shows no Kamaoa Rd, however it does show a more complete Hawaii Belt Rd, the Kamaoa homesteads and from the map one can distinguish, except for those covered from before, grants 2117 (year 1856), 2504 (1858), 1868 (1855), 1896 (1855), 2115 (1856), and 2932 (n /a). What stands out is that grant 1896 (Keamio; 1855) mentions a road several times (alanui) despite being quite far from the Hawaii Belt road (marked by red square). Adjacent to grant 1896 are 2697, 2115, and 2932 (not found) out of which none mentioned the road that grant 1896 talks Road Boxes Road boxes 37, 38, 39, and 40 include document that pertain to roads in Kau. In approximately 20 -30 cases we find notes that talk of road works, road permission, Pahala to Hilea Road, the Kau Rd, permission to extend roads, permission to include prisoners in road construction etc. These notes neither mention Kamaoa as an ahupua'a nor the Kamaoa road. But it was never the intention during the Road Box search to look specifically for Kamaoa. Some documents seem to contain abundant information that describe more geographical areas, administration, extension and construction of roads, and prisoners being used as labor. 2 10, r p 1 ✓ T? • C.', O $J N p • � � ■ � f ) t Y f ' i r . , ' f , r f t ; of - •1- r t ¢; 94-<`� o r / f f',-- � J. i ' F ?, / Jf �t ; 4 ' f sft - Z t C nsi u S j"• Y ,, r , 1 £ o v ..� f dY i r _' s •yf�� F y - 0 0 N ! r _ — r s '..".1 tf c- a 1 ( r t '1 k ' i n • a+ �i s 9 o . ( f r , �4'r fi . t ' t r : u a� j o \ c . s H e t ' , F � ry v ' % I J i `r , s : o wa - o ,, 8 f to aa�� . T '> , /f L `Y t i a ;r rave nowrw 1 S �� , ' r I '' 5 � ¢ a a f P N X I' s'I' L am . _ � � `- Y � � k . t ! r � � l 'r - `- a X1 _-__.-3) E y ' .. 4 } > ./ i } yew V � u 1 1 F . 11 I \ ; ,/ E L / -C a L v a G l \ � j � 1 ;,, t . '0 t ' ''' \ s . . , .;,.'"'..% -'--. --. '' : '--c' - -21 1‘ 12 * ', - a li i, o G; `l �� '1' i1 S = ' f II I r 7 l i / � .---` t z, ,,y.;'..- ._...._ ( % iii -,/,--,:d----7 d? ` z -; e. = : -• 4 i".." by / a..., AP,' 6 Y .(.. I.. : '-',„..,..... \ •,\, : Z . '11 11 I lis•; 1.t 7.- • „,' .. ; '-., / . :..-- k 1 „.- i 1 ' ‘., A a / ' ' 2 , a 4 3 ° ' N i' / 1' \, ,,-, '''• . ' \ • \ : i • r , / 1 sv „ ,., ;6 ' i • Al 4 4 j .4 P i 1 u e e 1.. .. , "' - ' ..47F, s ;- .. C:2 '''''' • 4 411 , ''' ylt If , i rfr,, ' A 4 ir - - --.....,*.„ / 0' ..\ .. `.., : _ . 7.7 - -.F-7'" • , ' ,--.4 '''.'::•,--_ „----- '"') , '1). ' • . ,/ , -..," // .• ••,‘ / '',09 A. , ,.,_.:11.-•:::: si7- , , ,,..: f ''' ' '''' , I cf i ,// ;, , ., ok ..* •,=:).. . ,.,$ „,, ,-/, '//,-- .2 • •. ', 47 • •••' L-sic. -- Illr; . ' --- — -- --- - 1 , 44 .e ' ., -,..,-- •.._ 4” , . __2i,. 'C .\ 7 )3' . '4 .. 7,, ' ..--., , -... ' 71, .,_. (INIHQIVM . , . /.4 - . , t / . 0 .'...-'. n: ' ' 7 /1 ' , ,■;.?-.: :.-,' ,..■ ,....., . ',,, ' --- - 7 :.. ■ ' , .0' ' l• ,,,,,..' . , ,,Apilil,, c . , \ 0 , , , ., , , • , :4+ ' • 4-:___., .• . ..' , —.,•( _ '•, t : - • ---,t v oss -2— - 1 ., >.‘„,;• 1 ,. -$.••• .-, ,\ / , . ,,,,, .. r, " , :'ie'€• \-'(- •. • •••• 7 7:- ---- _ z AI ," '''V ,,',,,';\ .' -, ,,it, ■!---- IA ° ----.-"`'' .• •-•,.._ . - \ -'•• '', N E 1 , r. .,;,,N;F s ,_?. -- 0 . ,.., , o / ,,,..„.,..* 1 li VA (9, 7a \.•1 ;.; 2 c_ • ,,,e .,,0%. e v A Y • • ' \ \ '' --' /1 ri o , ..- ....— ,,, , _ , ,t ,, \''' , —rr‘: , ,,..._-,,,—, -,A, .,.,,, ,e -- --,-; _ ■ _.. --. - - --- - ,_-....--- ---A )," - _-- Pc: \ . , ., / \ 7 ix, 5 '' N ,, .,4 ....1 '" ''' \, / , ,,,, '.5 :• N 2 .1 ' Z • 1 -')4 ■ ' - 11 ' A -4 \. . ...., " '' i/ / 0 , CI / ..,/ \ \ s 2 : 7• . .,,,\ --. 1, - \„11,,_ ----- ii 1 7" \ . ,,-1, . "7 ' . ` ' / P N ' 1 s o i> ■ li, 2 4 , , o H " 2 I tO ,e''' 11. .. / ........„ ...... L . / -,, x 1, ' rn , -- 2 -■ .. 1 _ ..-„.. ..,., ..... '. ' .., , ..... ;'. , , ....., ): "...:. .,- ... > , / ... 40 i"-----.' ''''''e • 7' • / - -- 3 .-- , ' 4 il -,•-• , . -'''' ,'''.- eAi ----- -,'•)",,,?, ' - ,.. / _____„_„!".. ° :j1 .,t ."' ...xe.ra travo! ..2111,71%1 ' ., E ------ --- _ _ 0 1 i Z - 3 NI 0 Z v t _ 7 tv 0 z .1(o o FIN/7d I 1311H HInos ,., .. t "z" tx o . . Kamaoa ahupiw a K Quad: 10-76 N 44,000 E 444,000 Cat No. 393.08.000 Returned by Leleiohoku, retained by Ciov. at Miele. The ahupua'a of Kamaoa cuts off the smaller, inland ahupua'a of Keaa, Waiopua and Mohowae from the sea. Its shore boundary with Pu Eo is unknown. 'Plain near Ka Lae...a place noted for red dust; people jumped from a cliff (Kau -maea lee -kawa, q.v.) near here into a dust heap in imitation of the sport of leaping from a cliff into water (lee kawa).' (PEM) Lexicology; kamroa. PEM: not translated. SouUoe: MB 28; IN 31; USGS 1962; Ale3cander ms:6_ 7 fr. F NLA l, Pr eiNs... - Ancient, Historic, and Old Government Trails and Roads in Hawaii A Summary of Pertinent Law Hawaii, unlike any other State in the U.S., was originally a sovereign nation - a kingdom. There were certain preexisting laws that were passed on and incorporated into what became laws of the U.S. Territory, and then ultimately, of the State. In relation to trails, the following two citations describe the legal tools used by the Na Ala Hele Program to identify and possibly claim public ownership of specific features: The Highways Act of 1892 In October of 1892, Queen l iliuokalani approved law that determined that the ownership of all public highways and the land, real estate and property of the same, shall be in the Hawaiian Government in fee simple. 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. This applies even if the trail does not currently exist on the ground physically - in many instances trail sections have been destroyed over time due to various land uses or natural process. While a landowner may not adversely possess State land, the burden of proof is upon the State to document ownership. This can be adverse to adjacent private landowners, and may create the necessity for legal action. Prior to promotion for public use, a necessary (and sometimes costly) step is to reconcile the historic documentation with an on- the - ground metes and bounds survey. It is imperative to confirm that the identified trail is the same alignment that was originally in existence prior to 1892. Trail routes can migrate over time for numerous reasons, creating legal challenges to the application of the laws cited above. Other necessary steps include the creation of a cultural survey and management plan, and then establishing a trail restoration, maintenance and signage program. PART I ' C.- -- Page 1 of 3 PART I. HIGHWAYS, GENERALLY §264 - Public highways and trails. (a) All roads, alleys, streets, ways, lanes, bikeways, and bridges in the State, opened, laid out, or built by the government are declared to be public highways. Public highways are of two types: (1) State highways, which are all those under the jurisdiction of the department of transportation; and (2) County highways, which are all other public highways. (b) All trails, and other nonvehicular rights -of -way in the State declared to be public rights -of -ways 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 thereafter, 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. (c) All roads, alleys, streets, ways, lanes, trails, bikeways, and bridges in the State, opened, laid out, or built by private parties and dedicated or surrendered to the public use, are declared to be public highways or public trails as follows: (1) Dedication of public highways or trails shall be by deed of conveyance naming the State as grantee in the case of a state highway or trail and naming the county as grantee in the case of a county highway or trail. The deed of conveyance shall be delivered to and accepted by the director of transportation in the case of a state highway or the board of land and natural resources in the case of a state trail. In the case of a county highway or county trail, the deed shall be delivered to and accepted by the legislative body of a county. (2) Surrender of public highways or trails shall be deemed to have taken place if no act of ownership by the owner of the road, alley, street, bikeway, way, lane, trail, or bridge has been exercised for five years and when, in the case of a county highway, in addition thereto, the legislative body of the county has, thereafter, by a resolution, adopted the same as a county highway or trail. In every case where the road, alley, street, bikeway, way, lane, trail, bridge, or highway is constructed and completed as required by any ordinance of the county or any rule, regulation, or resolution thereof having the effect of law, the legislative body of the county shall accept http: / /www. capitol. hawaii. gov/ hrscurrent/ vo105_ Ch0261- 0319/HRS0264 /HRS_0264- 0001.HTM 9/1 9/2006 PARTI Page 2 of 3 the dedication or surrender of the same without exercise of discretion. (d) 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. [L 1892, c 47, §2; RL 1945, §6111; am L 1947, c 142, pt of §1; am L 1949, c 74, §2; RL 1955, §142 -1; am L 1957, c 155, §1; am L 1963, c 190, §1; HRS §264 -1; am L 1977, c 68, §4; am L 1988, c 150, §1] Cross References Highways, maintenance, see §27 -31. Construction of facilities for physically handicapped persons, see §286 -9. Attorney General Opinions Public highway does not include proposed road not yet constructed. Att. Gen. Op. 63 -54. Case Notes In absence of statute no particular form or ceremony is requisite in the dedication. 2 H. 118. Defendant claiming right -of -way as a public highway cannot extend such right by using path in different or enlarged manner than usual custom. 2 H. 307. Territory cannot acquire fee in public highway by legislative enactment; only by condemnation or consent of owner. 17 H. 523. Implied consent. Id. Lease of public land does not extinguish a highway existing across it. 19 H. 168. A public highway can be closed only by the method prescribed by statute. Id. Park road not public. 38 H. 592. Seawall used as a public thoroughfare is included in term "public highways ". 50 H. 497, 443 P.2d 142. State which holds open a public thoroughfare for travel has duty to maintain it in condition safe for travel. 50 H. 497, 443 P.2d 142. Ownership of fee underlying a road built by private parties and abandoned to the public. 50 H. 567, 445 P.2d 538. http: / /www. capitol. hawaii. gov/ hrscurrent/ vo105_ Ch0261- 0319/HRS0264 /HRS_0264- 0001.HTM 9/19/2006 PART I Page 3 of 3 Implied dedication by designation of roadways on subdivision maps. 55 H. 305, 517 P.2d 779. A responsible government has a duty to keep its highways in safe condition. 57 H. 656, 562 P.2d 436. Not applicable where trustees did not build or lay out a trail to the general public. 73 H. 297, 832 P.2d 724. A highway is not a county highway unless it is accepted or adopted as such by the county council. 2 H. App. 387, 633 P.2d 1118; 6 H. App. 414, 724 P.2d 118. A public highway is not a state highway unless it is designated for inclusion in the state highway system under section 264 -41. 2 H. App. 387, 633 P.2d 1118. Cited: 29 H. 820, 822 aff'd 188 F.2d 459. Hawaii Legal Reporter Citations Ordinance meets requirements. 79 HLR 79 -0027. Previous Vo105 Ch0261 -0319 Next http: / /www. capitol. hawaii .gov /hrscurrent/vol05_Ch0261- 0319 /HRS0264 /HRS_0264- 0001.HTM 9/19/2006 JOSEPH A. KINOSHITA ATTORNEY AT LAW A LAW CORPORATION 1451 S. KING ST., SUITE 511 HONOLULU, HI 96814 • TEL (808) 947 -3230 FAX (808) 947 -4670 April 12, 2010 BJ Leithead Todd Planning Director County of Hawaii Aupuni Center Suite 1 101 Pauahi Street Hilo HI 96720 Re: Kamaoa Road, Portion West of South Point Road TMK Plants: 9 -3 -001, 003 & 004; Pakini Nui, Pakini Iki and Kamaoa Puueo, Kau, Island of Hawaii Dear BJ Leithead Todd: I have been informed that presently there is discussion regarding privatizing and permanently gating and /or otherwise closing the Kamaoa Road at the intersection of the South Point Road in Kau aforementioned. I am a landowner in the area, specifically TMK 9- 3 -05 -10 and 11. object to the privatizing and permanently gating and /or otherwise closing as it would deny access to my property. In my view any action to remove access to any property should be taken very seriously as it would rescind owners vested rights and cause destruction of property value rendering the property useless. I firmly believe my view will ultimately prevail. Anyone who is a homeowner or owns real property who may lose access to his property will understand this importance. It will be appreciated if hereafter I am duly notified of any requests or actions contemplated in the vicinity so that I am given the opportunity to review the matter as it may affect access to my property. Thank you for your attention to this matter. Sincerely, Joseph A. Kinoshita August 16, 2010 t E' >�L� Jim= 1 0fZ/96)5 c% ..- � 1:77),(7/ 4 -i I recently learned of Resolution 377 -10 "AUTHORIZING THE ABANDONMENT OF A PORTION OF THE OLD HOMESTEAD ROAD IN KA`U (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 r 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 1 -' 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 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. Deborah Chang Resident of Hamakua District hkulaiwi a(�,yahoo.com t • ,. ,„ Y A t. 5t F- d $1 A Y' a M fK q,,.. ; ;,,, itcvei, rxfvrfinent I# . - ., y > r . c � 0 p :� t ri z .g s• \ i i U a ' "t S S -= ,, IV * wza C S •.� / � a'Y > /: t r rte _ J L -` i IS i; , .,� \ , 4J ` I 9 t u a� r . . ,a L im ` R a' 4 t `i . '° _ ,t ,,. r , o f 1 1 o n a •©Y t OF c , ` S q n O Y °w R � i7 ` # 2 • 4 } y , � ° J �. _ F Cfi ' r- i • ° °i (pi .o °� �d 1 � i, i t , g 1 1.x - �� e ` ° o. _ St I -S 1 I '; a��� ®// e o ig_ '.� • 3g1 / ° _ ®` e 0 n ti a • A , O t', , / S Y • / • i '^',- pt y � � � � Pi � e i 4 „ , -; 4 ,‘„,„ T ' I gt , — 1 -,r ,. , '-7,,:::.';:::..,— r . r te e'• = r °° • - $ 1 1{,3 q �' °: �i� ,--.. P�}` 1;i r° c ~:.°'�`_ ,F / n i ' ? l > • �o > �! ts” �t X i . / ��c 6 3 . R tip � v L a i E ' I S 14 y P 4 / / d .: W. '1' --- P \ > . .1-'''' � i t : I'd ;+ W r ° '' °- ii € lit ig l I i ' � W