10-22-2010, 08:45 AM
quote:The first hurdle is the State. They have to authorize FTR to be used for this purpose. That's the biggest stumbling block.
Originally posted by JerryCarr
I do see Fuel Tax revenue sharing as a way around the road wear issue, however, providing that the County ever actually creates a legal and durable mechanism for assuring a consistent flow of funds. (It would also be nice if it were unable to be taken away by a future mayor or council.)
You may be seeing the private roads in HPP, but the legislators are seeing (as the law will have to read) public FTR being given to private developments. What's to stop a private developer in Kona from asking for their fair share of public tax revenue to maintain their private streets in their luxury complex? What’s to stop homeowners who live on a private street anywhere in the state from asking for public tax revenue for maintaining their private streets? Does that mean Shipman can build a private business development and expect tax payer funding to maintain their private streets? All that is required is the roadway be used by the public, no gates, and you have the makings of private property development welfare for road maintenance.
When that door is open, all private developers will be asking for their share. How much money is available for district road maintenance and what will public roads look like when private developments are siphoning off a chunk of that money?
Once FTR is used for private development maintenance issues, what's to stop private property owners from demanding that tax revenue be given to them to maintain shoreline or open space access? It will be the same exact legal argument. What about commercial development where people use their property as a cut through? Don't they have the right to ask for tax payer funding to maintain their private property for a public good?
Ko Olina on Oahu is private roads but required to give public vehicle access to the beaches. They would have every right to start demanding FTR to maintain their streets. How many private roads exist on the Big Island where the public has use of it? Can you afford maintaining all of them? That cute little furry ball that fits in the palm of your hand is really a grizzly bear.