Posts: 14,115
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Joined: Aug 2012
We want our road to remain private. I have not paid road fees all these years to give it to the county
Truly and sincerely: this is awesome, and I wish you all the best. Lead by example.
minimum of one day a year for 24 hours so that it does not become public access.
24-2 Scope and applicability of chapter and of Statewide Traffic Code
© Pursuant to the authority delegated to the County by Act 173 of 1995, all streets that have been used by the general public for a period of more than six months are hereby designated by the council to be subject to the provisions of chapter 291C of the Hawaii Revised Statutes, known as the Statewide Traffic Code, and this chapter.
(d) The County shall not be responsible for the maintenance and repair of any private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that private street, highway, or thoroughfare.
(e) No adverse or prescriptive rights shall accrue to the general public when the County imposes or enforces traffic regulations and highway safety laws or places appropriate traffic-control devices on any private street, highway, or thoroughfare.
Posts: 14,115
Threads: 424
Joined: Aug 2012
We want our road to remain private. I have not paid road fees all these years to give it to the county
Truly and sincerely: this is awesome, and I wish you all the best. Lead by example.
minimum of one day a year for 24 hours so that it does not become public access.
24-2 Scope and applicability of chapter and of Statewide Traffic Code
© Pursuant to the authority delegated to the County by Act 173 of 1995, all streets that have been used by the general public for a period of more than six months are hereby designated by the council to be subject to the provisions of chapter 291C of the Hawaii Revised Statutes, known as the Statewide Traffic Code, and this chapter.
(d) The County shall not be responsible for the maintenance and repair of any private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that private street, highway, or thoroughfare.
(e) No adverse or prescriptive rights shall accrue to the general public when the County imposes or enforces traffic regulations and highway safety laws or places appropriate traffic-control devices on any private street, highway, or thoroughfare.
Posts: 349
Threads: 7
Joined: Aug 2014
The PC lambs who couldn't muster a 'baaa' of protest against ObamaCare are now transferance-projecting against the Telescope. PC vs "Not PC" BAAAAAAAAAA!
***Still can't figure out how to spell 'car' correctly***
Posts: 349
Threads: 7
Joined: Aug 2014
The PC lambs who couldn't muster a 'baaa' of protest against ObamaCare are now transferance-projecting against the Telescope. PC vs "Not PC" BAAAAAAAAAA!
***Still can't figure out how to spell 'car' correctly***
Posts: 248
Threads: 9
Joined: Apr 2007
REPLY to Kalakoa's statement :
24-2 Scope and applicability of chapter and of Statewide Traffic Code
© Pursuant to the authority delegated to the County by Act 173 of 1995, all streets that have been used by the general public for a period of more than six months are hereby designated by the council to be subject to the provisions of chapter 291C of the Hawaii Revised Statutes, known as the Statewide Traffic Code, and this chapter.
(d) The County shall not be responsible for the maintenance and repair of any private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that private street, highway, or thoroughfare.
(e) No adverse or prescriptive rights shall accrue to the general public when the County imposes or enforces traffic regulations and highway safety laws or places appropriate traffic-control devices on any private street, highway, or thoroughfare.
---------------------------
My REPLY :
That may be true but the County can not just take ownership of our private road without buying us out and a vote by members of the private organization we pay our road fees to. And because we pay road fees to a private organization that has a court order to maintain the road, and I also pay weight tax to the County. The County can not claim it is public domain because that would mean I am being double taxed for the same thing, roads.
That is illegal too [  ]
You can not double tax for same thing. It can not be privately and publicly at the same time. Plus, the county does not want our private road unless it is paved, and they want us to pay for that too, then they will allow us to approach them about it being a County road.
That is what we were told
Posts: 248
Threads: 9
Joined: Apr 2007
REPLY to Kalakoa's statement :
24-2 Scope and applicability of chapter and of Statewide Traffic Code
© Pursuant to the authority delegated to the County by Act 173 of 1995, all streets that have been used by the general public for a period of more than six months are hereby designated by the council to be subject to the provisions of chapter 291C of the Hawaii Revised Statutes, known as the Statewide Traffic Code, and this chapter.
(d) The County shall not be responsible for the maintenance and repair of any private street, highway, or thoroughfare when it imposes or enforces traffic regulations and highway safety laws or places or permits to be placed appropriate traffic control devices on that private street, highway, or thoroughfare.
(e) No adverse or prescriptive rights shall accrue to the general public when the County imposes or enforces traffic regulations and highway safety laws or places appropriate traffic-control devices on any private street, highway, or thoroughfare.
---------------------------
My REPLY :
That may be true but the County can not just take ownership of our private road without buying us out and a vote by members of the private organization we pay our road fees to. And because we pay road fees to a private organization that has a court order to maintain the road, and I also pay weight tax to the County. The County can not claim it is public domain because that would mean I am being double taxed for the same thing, roads.
That is illegal too [ ]
You can not double tax for same thing. It can not be privately and publicly at the same time. Plus, the county does not want our private road unless it is paved, and they want us to pay for that too, then they will allow us to approach them about it being a County road.
That is what we were told
Posts: 8,464
Threads: 1,032
Joined: May 2003
Thunderfoot,
You have exposed a classic example of the fact that we are entitled to as much justice as we can afford. What you're talking about requires law suits. Puna is seriously in need of some well funded lawsuits. If the subdivisions united and raised $10 per lot owner it could be very, very doable.
Assume the best and ask questions.
Punaweb moderator
Posts: 14,115
Threads: 424
Joined: Aug 2012
County can not just take ownership of our private road without buying us out
County has done just that by proscribing their rules and regulations upon your private property, which is an unconstitutional "taking" in that County has directly affected the value of that property by their actions, without renumeration to the owners of that property.
They assume nobody will sue; so far they are right.
Posts: 3,188
Threads: 216
Joined: Sep 2007
"Anti Science and technology"
Why are Telescopes "good" and Helicopters "bad" both bring investment and high tech jobs.
double standard maybe?
"We also reserve the right to charge a "penalty" to any aircraft company and pilot for any of their pilots flying into our airspace without permission. Proof of violation may be a dated photo, or any material containing image and date offense occurred on device used to capture violation. Other forms of proof could also be a notarized statement by two or more residents of Jungle King Road that contains the required information like their signatures, date it occurred, and if possible color, style, or aircraft number, direction of flight, times and elevation guesstimate, etc…. We will allow governmental and other such flights , like search and rescue, as allowed under Hawaii Real Estate Law. All deemed necessary flights shall maintain Federal Aviation Administration rules and regulations, including altitude rules.
All "fees" or "penalties" generated, if any, will be distributed for our tax exempt purposes as described in our organizational documents.
At this time, no aircraft flights have been authorized into our Jungle King Road airspace, other than ones deemed necessary as previously described in this document."
Posts: 248
Threads: 9
Joined: Apr 2007
Originally posted by Rob Tucker
to Thunderfoot,
"You have exposed a classic example of the fact that we are entitled to as much justice as we can afford. What you're talking about requires law suits. Puna is seriously in need of some well funded lawsuits. If the subdivisions united and raised $10 per lot owner it could be very, very doable."
REPLY : I agree, and good ideas. It is being discussed around [  ]
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And REPLY Bullwinkle
The Jungle King Community Association has the same rigths as the National Park over airspace. We never said helicopters were bad. We only want to reserve our right to charge a fee like the park.The National park gets paid for every tourist chopper that enters that park airspace, so why can't we do the same ?
And just to clarify, we have no language for telescopes in our By-Laws, the two subjects got co-mingled there
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