HOUSE OF REPRESENTATIVES

H.C.R. NO.

278

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 


HOUSE CONCURRENT

RESOLUTION

 

 

REQUESTING THE COUNTY OF MAUI TO PROVIDE FOR THE IMMEDIATE REPAIR OF HUI F ROAD, AND URGING THE COUNTY OF MAUI TO INVENTORY ITS ROADS IN LIMBO.

 

 

 


     WHEREAS, many government and homestead roads were created in the Territory of Hawaii; and

 

     WHEREAS, after statehood, jurisdiction over some government and homestead roads was awarded to the counties; and

 

     WHEREAS, many roads were also built by private entities for the benefit of the County of Maui and its people; and

 

     WHEREAS, during that time, many roads became "roads in limbo", defined as roads that were laid out by government but are not part of the state road system and are not currently maintained by the county government; and

 

     WHEREAS, roads in limbo also include roads that were developed by a private party but not properly conveyed to either the county, another private entity, or the state road system, and are not currently maintained by the county; and

 

     WHEREAS, the roads in limbo that were transferred to the counties were never improved or upgraded to an acceptable standard, nor was funding provided for maintenance; and

 

     WHEREAS, these roads have been an ongoing issue between the State, counties, and private entities, over who should be responsible for maintaining the roads and the associated costs of maintenance; and

 

     WHEREAS, according to a 1989 Legislative Reference Bureau (LRB) Report, "The State and Counties have been at an impasse over this conflict, and neither side is willing to take jurisdiction over these roads with their concomitant expense for maintenance, upgrading and repair."; and

 

     WHEREAS, the 1989 LRB Report further stated that the standoff on the maintenance of the roads in limbo has "the practical effect of leaving a significant number of roads in all four Counties in substandard conditions and without routine maintenance because no government body will accept responsibility for them."; and

 

     WHEREAS, people who need to use these roads suffer when roadway jurisdiction is in dispute, as these roads are less likely to be cared for than roads over which there was no dispute; and

 

     WHEREAS, laws have been enacted that dedicate all roads that are not part of the State highway system to the counties, thus these roads in limbo have been transferred to the counties; and

 

     WHEREAS, residents need to use these roads to access their homes for which they pay property taxes to the county, and the value of which the property tax is based is determined in part by the condition of these roads; and

 

     WHEREAS, Hui F Road in the County of Maui qualifies as one of the roads in limbo which are in dire need of long-overdue repair; and

 

     WHEREAS, the County of Hawaii, in partnership with the Hawaii island community, has undertaken a project to ascertain an accurate inventory of the county's roads in limbo; now, therefore,

 

     BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2007, the Senate concurring, that the County of Maui is requested to provide for the immediate repair of Hui F Road, and the County of Maui, in partnership with the community, is urged to inventory its roads in limbo to properly establish jurisdiction of all roads in the County of Maui; and

 

     BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Director of Transportation, Mayor of Maui County, Director of the Maui County Department of Transportation, and all members of the Maui County Council.

 

 

 

 

OFFERED BY:

_____________________________

 

 

Report Title: 

County of Maui; Roads in Limbo