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Home My WebLink AboutCOM 0140.003 1998-2000 d ~tv or.h~~ Stephen K. Yamashiro ~ ' ' ~ Mayor Jiro A. Sumada . Deputy Chief Engineer ~LDliirt~'~l II~ ~t1~1TtItt DEPARTMENT OF PUBLIC WORKS ~ 25 Aupuni Street, Room 202 • Hila, Hawaii 96720-4252 , (808) 96 L8321 • Faz (808) 961-8630 March 17, 1999 HONORABLE CHAIRMAN AND MEMBERS HAWAII COUNTY COUNCIL HAWAII COUNTY BUILDING 25 AUPUNI STREET 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 tef Engineer STT/JAS/ph Attachment cc: Engineering Division Building Division Comm. No. ~TV• 003 File No._ DOS' Ref. To:PreserMe~ couNCr~ Ref. Date 3 - I ~ ~ . ,,oFN, wFa. AOUACULTURE DEVELOPMENT S ~ PROGRAM AQUATIC RESOURCES pv CONSERVATION ANO re,ss,®` ENVIRONMEMAL AFFAIRS CONSERVATION ANO RESOURCES ENFORCEMENT STATE OF HAWAII CONVEYANCES DEPARTMENT OF LAND AND NATURAL RESOURCES FORESTRY AND WILDLIfE LAND MANAGEMENT LAND DIVISION STATE PARKS P.O. BOX938 WATER ANO LANG DEVELOPMENT HILO. HAWAIl9E)21-0936 PHONE: (80919T4fi203 FA%: 1809)9718222 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 kpy: (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 264-1 n determin(ng 264-64 DESIGN OF CONTROLLED-ACCESS FACILnY AND REGULATION, RESTRICTION, OR PROHIBITION IIOIaQOn Unde[ OF ACCESS; PENALTY 264-6$ hIEW AND EXISTING FACIL177E5; GRADECROSSING ELIMINATIONS ive rise [o any 264-66 AUTHORITY TO ENTER ESTO AGREEMENTS 264-67 tACAL SERVICE ROADS auction of any [he defendant PART V. DUTIXK)R ADVERTISING 264-7I DEFEVmONS d violation. [L 264-72 CONTROL OF OUTI]OOR ADVERTISING 264-7J REGULATIONS 264-7J REMOVAL OF NONCONFORMING OUTDOOR ADVERTISING 264-7$ COMPENSATION FOR REMOVAL OF OUTDOOR ADVERTISING 264-76 UNLAWFUL OUTDOOR ADVERTISING 264-77 PENnLTv 264-7$ Lv1ERPRE rAnoN 264-79 AGREEMENTS Wmi THE UNITED STATES AUTHORIZED PART Vt. JUNKYARD CONTROL 264-$ l SHORT TITLE 264-82 PURPOSES 264-$J DEFlNITIGNS 264-$4 CONTROL OF HINKYAltOS 264-$$ IDNKYARD$ LAWRBlY W EXISTENCE 264-$6 REQUHtEM11FM AS TO SCREENING 264-$7 AVTHORITY TG ACUNRE QJiERESI IN LAND FOR REMOVAL AND SCREENING OF EXISTING a1NKYARDS 264-$$ INRINGIIGN 264-$9 INTERPRETATIDN 264-90 AGREEMENTS Wmi THE UNITED STATES AUTHORIZED PART VII. CONTROL OF VENDMG 264-IOI VENDMG FROM STATE HIGHWAYS PROHIBITED 264102 PENALTY PART I. 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 aze all other public highways. (b) All trails, and other nonvehiculazrights-of-way in the State declazed 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 nonvehiculaz public rights-of-way at any time thereafter, or in the future, are declazed 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 particulaz 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 srEM 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 boazd of land and natural resources in the case of a state nail. In the case of a county 55 ~I 264-1 TRANSPORTATION AND UTILITIES r~ ~ highway or county nail, the deed shall be delivered to and accepted by the state hi: If any legislative body of a county. (2) Surrender of public highways or nails shall be deemed to have taken owners II place if no act of ownership by the owner of the road, alley, sneer. withom bikeway, way, lane, nail, or bridge has been exercised for five years and TI when, in the case of a county highway, in addition thereto, the legislative state la1 !•1 body of [he county has, [hereafter, by a resolution, adopted [he same as a [hereaft i county highway or trail. T ;i:, In every case where the road, alley, street, bikeway, way, lane, Vail. bridge, or respect s highway is constructed and completed as required by any ordinance of the county or § 1893: jj; any rule, regulation, or resolution thereof having the effect of law, the legislative 4; am body of the county shall accept the dedication or surrender of the same without exercise of discretion, 1 (d) All county public highways and nails once established shall continue Coan~ until vacated, closed, abandoned, or discontinued by a resolution of the legislative Lands n body of the county wherein [he county highway or Vail lies. All state trails once established shall continue until lawfully disposed of pursuant to [he requirements of 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, §l; am L 1963, c 190, §l; HRS unde §264-I; am L 1977, c 68, §4; am L 1988, c 150, §1] m[herd Bene; Vb, H. 52. ~;ti' Cross References Cited Highways, maintenance, see §27-31. Conswenon of facilities for physically handicapped persons, see §286-9. way c '!~~$jp,{ Attorney General Opinions Ued, tl 1; Public highway does no[ include proposed road no[ yet conswcted. Att. Gen. Op. 63-54. Case o highw Case Notes ~ I~ " In abunce of statute no panicular form or cere- Ownership of fee underlying a road built by i ~ mony is requisite in the dedication. 2 H. 118. De- private parties and abandoned to the public. 50 H. P. fendant claiming right-of-way az a public highway 567, 445 P.2d 538. cannot extend such right by using path in different Implied dedication by designation of roadways or enlarged manner than usual custom. 2 H. 307. on subdivision maps. 55 H. 305, 517 P.2d 779. Tertitory cannot acquire fee in public highway A responsible govemment has a duty to keep its by legislative enactment; only by condemnation or 436hways in safe condition. 57 H. 656, 562 P.2d consent of owner. i7 H. 523. Implied consent. Id. Na applicable where wstees did not build or lay Lease of public land does no[ extinguish a high- out a Vail to the general public 73 H.'_97, 832 P.2d way existing across it. 19 H. 168. 724 I b the ublic hi hwa can be cloud on 't is A B Y Y Y wa is not a counn hi hwav unless t P A ht h B Y method prescnbed by statute. Id. accept d or adopted as such by the counp~ council. Park road not ublic. 38 H. 592. 87 633 P.2d 1118:6 H. A .314. 724 2 H.A 3 P PP Seawall used as a public thoroughfare is in- p 2d 1 PB. chided in term "public highways". 50 H. 497, 443 q public highway is not a state highway unless it P.2d 142. is designated for inclusion in the state highway Imp State which holds open a public thoroughfare for system under section 264-41. H. App. 387, 633 travel has dun' to maintain it in condition safe for P.2d 1118. navel. 50 H. 497, 443 P.2d 142. Cited: 29 H. 620, 822 aff'd 188 F?d 359. cry r. ' I Hawaii Legal Reporter Citations remo cons Ordinance meets requirements. 79 HLR 79-0027. distu whic §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 govemment in fee right- ~ simple. The term "government" as used herein means the State with reference to prop. I i 56 r 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 ownership of the county highway shall be transferred to and vested in the State f without compensation. r 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 transfelted to and vested in the respective counties in which the county highways lie. [L 1892, c 47, §5; RL ]925, § 1893; RL 1935, §2341; RL 1945, §6112; 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] t Attorney General Opinions 3 Counties are owners of county highways within their boundaries; title to highways on Hawaiian Home j Lands not [ransferted to counties. Att. Gen. 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 Tertitory rather than in any particular county. 29 H. 820. Beneficial use is in public, use for private gain is special and extraordinary and subject to regulation. 34 H. 52. 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, then it may be sold at public auction; and (2) If any county highway, the right-of-way for which has been acquired in whole or in part by expenditure of federal funds, is abandoned and disposed of, the necessary portion of the proceeds from the sale thereof shall be remitted to the State for reimbursement or credit to the Federal Highway Administration, if reimbursement or credit is so required. [L 1963, c 190, §3; am L 1965, c 221, §2; Supp, §142-2.5; HRS §264-3; am L 1993, c 288, §2] Case Nola ! Implied dedication by designation of roadways nn 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 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 mazker of which has been so affected, restore the boundary mazker or set a new one at the point of intersection of the affected boundary of the owner's land with the boundary of the right-of-way; provided chat 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 ! i 57 ~ i