05-31-2015, 03:54 AM
it is either public or private. It can not be both at the same time.
It's called "a privately-owned road which is open to the public", and since it is "open to the public" the County right to enforce all traffic laws thereon.
The situation persists because (as far as I know) this issue hasn't been brought before a judge. I further believe that a Federal lawsuit would be required, on constitutional grounds, because the case would really have to be escalated out of the local courts in order to get the hearing it deserves. A traffic ticket against a landowner is probably the best way to ensure "standing".
I can not be taxed for the same thing twice. the road fee is essentially a tax and I already road tax with my vehicle registration every year.
This is already covered by County's elaborate public/private fiction. Registration fees and fuel taxes are for maintenance of "public" roads, and the subdivision roads are "private" therefore not eligible for these funds. As an extra added bonus, "private" subdivision roads do not meet the "minimum standard" required for a "public" road, and therefore cannot be adopted as "public" roads. (Example: the Hawaiian Acres roads lot is 40' wide, but public roads require a 60' minimum easement...)
with the County acting like that, why wouldn't these community organizations feel like they can act like that too ?
I think it's spelled "leading by example", but the pronunciation might be considered offensive to some participants of this forum. Think "a powerful ingredient which aids growth".
It's called "a privately-owned road which is open to the public", and since it is "open to the public" the County right to enforce all traffic laws thereon.
The situation persists because (as far as I know) this issue hasn't been brought before a judge. I further believe that a Federal lawsuit would be required, on constitutional grounds, because the case would really have to be escalated out of the local courts in order to get the hearing it deserves. A traffic ticket against a landowner is probably the best way to ensure "standing".
I can not be taxed for the same thing twice. the road fee is essentially a tax and I already road tax with my vehicle registration every year.
This is already covered by County's elaborate public/private fiction. Registration fees and fuel taxes are for maintenance of "public" roads, and the subdivision roads are "private" therefore not eligible for these funds. As an extra added bonus, "private" subdivision roads do not meet the "minimum standard" required for a "public" road, and therefore cannot be adopted as "public" roads. (Example: the Hawaiian Acres roads lot is 40' wide, but public roads require a 60' minimum easement...)
with the County acting like that, why wouldn't these community organizations feel like they can act like that too ?
I think it's spelled "leading by example", but the pronunciation might be considered offensive to some participants of this forum. Think "a powerful ingredient which aids growth".