HomeMy WebLinkAboutCOM 0901.016 2008-2010 Page 1 of 1
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From: Deborah Chang [hkulaiwi @yahoo.com]
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Sent: Monday, November 08, 2010 11:34 AM
To: County Council
Subject: Testimony for Tomorrow's Public Hearing in Ka'u
Attachments: Kamaoa testimony_DLC.pdf
Please confirm that you have received this testimony in time!
Mahalo.
Comm. No. . 9 01 .! o
Ref. To:
Ref. Dote NOV 0 9 2010
11/8/2010
November 8, 2010
TO: Honorable Hawaii County Council Chair, Dennis "Fresh" Onishi, &
Members of the County Council
FROM: Deborah L. Chang, resident of Hamakua District
hkulaiwi @yahoo.com
SUBJECT: Testimony Regarding RES.377 -10 (COMM. 901), Resolution authorizing
the abandonment of a portion of the Old Homestead Road in Ka'u (also known as the
Kama'oa Road) and sale of remnant
I respectfully urge you not to authorize the abandonment and subsequent sale of a
portion of Kama'oa Road in Ka'u for the following reasons:
1. The justification for disposition is that the road has little public value. However,
the road has been illegally gated, preventing any public use. This practice is
illegal. It is against County and State Law (Hawaii County Code Chapter 22 and
HRS §28 -2) to obstruct government goads. To sell a portion of the subject road is
to reward lawbreakers and to send the message island -wide that illegal
obstruction of old government roads could pay off after a few years. This is not
the only old government road that has been locked up and enjoyed exclusively
by private parties.
The justification for gating the road by adjacent landowners, that of deterring crop
theft and cattle rustling, is based on conditions that are not unique to this area.
These are police matters, and should not be considered sufficient justification to
close the road's use to others.
Instead of selling the road portion, the residents of this County need County
Government to act in our interests to defend and uphold the laws regarding
government streets and roads.
2. More land title research is needed to investigate the full extent of this road. The
Honuapo USGS quad map (based on 1920 -21 surveys) shows this road heading
mauka to join the Volcano Road, and TMK:9 -3 -01 implies that this road continues
on "To Main Government Road." This road, then, could have the potential of
offering greater public value than presently known.
Deborah Chang
Page 2 of 2
3. As for the "need" of the adjacent land owners to restrict access /gate the road for
livestock control, State law (HRS §142 -66) notes that animal control is the
responsibility of the owners, and that they are responsible for preventing animal
trespass onto any government roads.
4. This road abandonment and sale issue has generated bad feelings amongst
neighbors and within Ka 'u District. It would be further divisive to move forward
with this proposal.
5. This disposition will set precedent, and does not show any concern or advocacy
for public concerns. Where is the benefit to the public? This is really disposing of
public lands for private purposes and interests.
Given that the disposition of this property is based on faulty logic and illegal actions, and
that the public's interests have not been fully considered, I respectfully request that you
not approve this action.