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Home My WebLink AboutCOM 0140.001 1998-2000 ~Y OL N~ i........±w\ Stephen K. Yamashiro l ~ - Jiro A. Sumada _ _ Depun'ChiefEngmeer .ITF O~ ~N•~ ~ I~ ~lDIItI~~1 A{~tlfiItttt CI Q, 1;~~" ~ ~ I AG m DEPARTMENT OF PUBLIC WORKS ~/i"'' 25 Aupuni S[reeL Room 202 • Hilo. Hawaii 96720-5252 (808) 961-8321 . Fax 1808) 961-8630 March 17, 1999 HONORABLE CHAIRMAN AND MEMBERS HAWAII COUNTY COUNCIL HAWAII COUNTY BUILDING 25AUPUNISTREET HILO HI 96720 SUBJECT: RESOLUTION 39-99 Attached For your information is a letter from the Department of Land and Natural Resources, Land Division, acknowledging the Homestead Road as owned by the County of Hawaii. JIR A. S MADA Deputy ief Engineer STT/JAS/ph Attachment cc: Engineering Division Building Division Comm. Na / 0O File No. ('?r' Ref. To Fresagr~ Cu u,u e,` Ref. Date 3 - ~ 7 - 99 tF,F pr H, ' weP. ~ AOUACULTURE DEVELOPMENt PROGRAM AQUATIC RESOURCES ® CONSERVATION AND ~O.~m,AI' ENVIRONMENTAL AfFAIfl$ CONSERVATION ANO STATE OF HAWAII GONVE~NCES ENFORCEMENT DEPARTMENT OF LAND AND NATURAL RESOURCES FOPE$TRY ANp WILDLIFE LAND MANAGEMENT LAND DIVISION gTATE PARKS p,O,gp%ggg WATER AND LAND DEVELOPMENT KILO, HAWAll96721-0933 PHONE: (90g197A$203 FAX: 19D919]A62T2 March 11, 1999 Jiro Sumida Deputy Chief Engineer County of Hawaii Department of Public Works 25 Aupuni Street Hilo, Hawaii 96720 SUBJECT: Laupahoehoe Fire Station, Homestead road adjacent to Governor's Executive Order 3245 at North Hilo, Hawaii, tax map key: (3) 3-6-9-31. Dear Mr. Sumida: Thank you for your letter dated March 5, 1999 concerning the proposed abandonment and ownership of a portion of a Homestead road located adjacent to Governor's Executive Order 3245. Pursuant to Chapter 264-1, Hawaii Revised Statutes, ownership of this Homestead road is with the County of Hawaii. Copy enclosed. The State does not have any concerns or objections to the County's disposition decision. We sincerely appreciate the courtesy of you asking us. Should you have any questions, please call our office at 974-6203. Sincerely, Charlene E. Unoki xc: Hawaii BM HIGHWAYS 264-4 state highways and means the respective counties with reference to county highways. If any county highway is required by the State for state highway purposes, the r' ownership of the county highway shall be transferred to and vested in the Stale without compensation. ? The governor may, at any time by executive order, turn over to any county, state land, in fee simple, for use as a county highway, and the county involved shall thereafter be responsible for its repair and maintenance as a county highway. The ownership of all county highways is transferred to and vested in the respective counties in which the county highways lie. [L 1892, c 47, §5; RL 1925, § 1893; RL 1935, §2341; RL 1945, §61 l2; RL 1955, § 142-2; am L 1963, c 190, §§2, j 4; am L 1965, c 221, §1; am L 1966, c 12, §2; HRS §264-2] j Attorney General Opinions i Counties are owners of county highways within their boundaries; rule to highways on Hawaiian Home Lands not transferred to coumies. At[. Gcn. Op. 86-I5. Case Notes Condemnation of territorial public highway by U.S.. damages. 188 F.2d 459. Under prior law title to all highways acquired by dedication and abandonment was in the Temtory rather than in any particular county. ''-9 H. 820. Beneficial use is in public, uu for private gain is special and extraordinary and subject to regulation. 34 H. 5?. Cited: 19 H. 468, 469. 1 §264-3 Disposal of abandoned public highway. Whenever a public high- way, or any portion thereof is at any time vacated, closed, abandoned, or discontin- ued, the public highway shall be used or disposed of for the use of the State in the case of a state highway as provided by law and for the use of the county in which the highway lies in the case of a county highway; provided that: (1) In the case of a county highway, before it is disposed of in any way, it shall be first offered to the abutters for a reasonable length of time and at a reasonable price, and if they do not take the county highway, [hen it may be sold at public auction; and j (2) If any county highway, the right-of-way for which has been acquired in i whole or in part by expenditure of federal funds, is abandoned and ' disposed of, the necessary portion of the proceeds from [he sale thereof shall be remitted to the State for reimbursement or credit [o the Federal Highway Administration, if reimbursement or credit is so required. [L 1963, c 190, §3; am L 1965, c 221, §2; Stipp, § 142-2.5; HRS §264-3; am L 1993, c 288, §2] Cax Nola Implied dedication by designation of roadways on subdivision maps. 1 H. App. 5?, 613 P.2d 662. §264-4 Restoration of boundary markers, In all cases in which abound- ~ ary mazker along the right-of-way of a public highway has been disturbed or i removed by a public agency of the State or a county in connection with the widening, construction, or maintenance of the highway, the public agency which caused the disturbance or removal shall, if requested by an owner of land a boundary marker of which has been so affected, restore the boundary marker or set a new one at [he point of intersection of the affected boundary of the owner's land with the boundary of the right-of-way; provided that no boundary marker shall be restored or set unless its ~ proper location has been established by law or by agreement of all persons having an ' 57 HIGHWAYS 264 -1 n determining - ' 26464 DESIGN OF CONTROLLED - ACCESS FACILITY AND REGULATION, RESTRICTION, OR PROHIBMON iolation under , OF ACCESS: PENALTY 64 NEW AND EXISTING FACILITIES: GRADE - CROSSING ELIMINATIONS ive rise to any 264 AUTHORITY ID ENTER LNTO AGREEMENTS 264 - LOCAL SERVICE ROADS luction of any the defendant PART V. OUTDOOR ADvERnsiNG d violation. [L 264 DEF ITIONS 264 CONTROL OF OU I IAJOR ADVERTISING • 264 - REGULATIONS 264 REMOVAL OF NONCONFORMING OUTDOOR ADVERTISING 26475 COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING - I 264 UNLAWFUL OUTDOOR ADVERTISING • • 264 PENALTY I 264 INTERPRETATION 264 AGREEMENTS WITH THE UNITED STAT AUTHORIZED PART VI. JUNKYARD CONTROL 26481 SHORT TITLE l 264 PURPOSES { 264 DEFTNRIONS 264 CONTROL OF JUNKYARDS 264 JUNKYARDS LAWFULLY IN EXISTENCE 264 REQUIREMENT AS TO SCREENING 264 AUTHORITY TO ACQUIRE INTEREST IN LAND FOR REMOVAL AND SCREENING OF EXISTING JUNKYARDS 26488 INJUNCTION 264 INTERPRETATION 264 AGREEMENTS WITH THE UNITED STATES AUTHORIZED PART VII. CONTROL OF VENDING I 264[0[ VENDING FROM STATE HIGHWAYS PROHIBITED 264-102 PENALTY PART 1. HIGHWAYS, GENERALLY §264 -1 Public highways and trails. (a) All roads, alleys, streets, ways, lanes, bikeways, and bridges in the State, opened, laid out, or built by the govern- ment are declared to be public highways. Public highways are of two types: (1) State highways, which are all those under the jurisdiction of the depart- ment 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 .'STEM 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 55 s Y. � � r • s i 0 6 " �' za Iu+p ?f •tt4r - _ . _ s � fi y K , . y+ .uk„i v.^.. 1' 264.1 TRANSPORTATION AND UTILITIES i highway or county Vail, the deed shall be delivered to and accepted by the state hip legislative body of a county. If any i (2) Surrender of public highways or wails shall be deemed to have taken owners place if no ac[ of ownership by the owner of the road, alley, sweet, without I`.I bikeway, way, lane; trail, or bridge has been exercised for five years and Ti when, in the case of a county highway, in addition thereto, the legislative state la body of the county has, thereafter, by a resolution, adopted the same as a thereat. county highway or nail. T i In every case where the road, alley, sweet, bikeway, way, lane, Vaih bridge, or respect highway is constructed and completed as required by any ordinance of the county or § 1893: ~I any rule, regulation, or resolution thereof having the effect of law, the legislative 4; am h body of the county shall accept the dedication or surrender of the same without exercise of discretion. Coon. (d) All county public highways and wails once established shall continue until vacated. closed, abandoned, or discontinued by a resolution of the legislative Lands n body of the county wherein the county highway or Vail lies. All state trails once ~ established shall continue until lawfully disposed of pursuant to the requirements of i chapter 171. [L 1892, c 47, §2: RL 1945, §6111: am L 1947, c 142, pt of §l; am L Cond 1949, c 74. §2; RL 1955, §142-1; am L 1957, c 155, §1; am L 1963, c 190, §1: HRS Unde §264-1; am L 1977, c 68, §4; am L 1988, c 150, §1] rather tl Bane'. H. 52. Cross References Cited i ' Highways, maintenance, see §27-31. [ Conswetion of facilities for physically handicapped persons, see §266-9. i ~ Wa)', Attorney General Opinions tied, [I Public highway dots not include proposed road no[ yet conswcted. Att. Gen. Op. 63-54. Case n highH l i Case Notes ~ In absence of solute no particular form or care- Ownership of fee underlying a road boil[ by i ~ mony is requisite in [he dedication. 2 H. 118. De- private parties and abandoned to the public. 50 H. P kndant claiming rightof-way as a public highway 567, 445 P.ld 538. cannot extend such right by using path in different Implied dedication by designation of roadways i or enlarged manner than usual custom. 2 H. 307. on subdivision maps. 55 H. 305, 517 P.2d 779. Temtory cannot acquire fee in public highway A responsible government has a tluty to keep its j highways in sale condition. 57 H. 656. 562 Pfd by legislative enactmenn oNy by condemnation or 436 conun[ of owner. 17 H. 523. Implied conunt. [d. Not applicable where wstres did not build or lay Lease of public land does not extinguish ahigh- out a Vail to the general public. 73 H.'_97. 832 P.2d war existing across it. 19 H. 168. 724 A public highway can be cloxd only by the A highway is not a counre highway unless it is method prescribed by statute. ]d. accepted or adop¢d as such be the counn~ council. Park road no[ public. 38 H. 592. 2 H. App. 387. 633 P.2d 1118: 6 H. App. 414, T_4 Seawall used as a public thoroughfare is in- p2d 118. eluded in term "public highways". 50 H. 497, 443 A public highway is not a state highway unless it ~ ~ P.2d 142. is designated for inclusion in the state highway Imp Stain which holds open a public thoroughfare for system under section 164-41. H. App. 387, 633 ~ tra~~el has duty to maintain it in condition safe for P.2d 1118. ~ vavel. 50 H. 497, 443 P.2d 142. Cittd: 29 H. 820, 822 a(fd 188 F.'_d 459. I ~ Hawaii Legal Reporter Citations remo cons Ordinance meets requiremems. 79 HLR 79-00'_2 disl? I whit I'~ §264-2 Owned by government. The ownership of all public highways and of in the land, real estate and property of the same shall be in the eovemment in fee right i simple. The term "government" as used herein means the State with reference to prop i 56