05-13-2015, 08:24 AM
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.
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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
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