Access to Mauna Kea

[randomq]

We established that any road open to the public long enough become a public road, regardless of ownership. Also, the 600 million dollars in compensation was a pretty key point in act 14. Finally, DHHL made additional legal arrangements with the county and state:

http://dhhl.hawaii.gov/2019/08/30/joint-...cess-road/

[Chunkster]

I'm liking Senator Inouye more and more, but there may be a political subtext or agenda beyond abhorring lawlessness. I think she is smart and knows that the great majority of voters want TMT built, so I won't be surprised if she runs for governor. Having said that, it is refreshing that she is willing to be the most visible, direct, and vocal politician demanding that the law be upheld. She has more guts than Ige, Kim, Green, and most of the others combined.

[kalakoa]

there may be a political subtext or agenda

Uh, yeah. Inouye is a politician, that's what they do.

[Kaimana]

quote:

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Originally posted by randomq

We established that any road open to the public long enough become a public road, regardless of ownership. Also, the 600 million dollars in compensation was a pretty key point in act 14. Finally, DHHL made additional legal arrangements with the county and state:

http://dhhl.hawaii.gov/2019/08/30/joint-...cess-road/

---

I'm not sure if a state traffic law supercedes Federal law or the State Constitution. Also Act 14 is explicit on how land exchanges must occur and none of the conditions have been met.

[EightFingers]

quote:

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Originally posted by TomK

8F - it would help if you told us which news station you are referring to.

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KITV news at 10:00pm.

Puna: Our roosters crow first

[kalakoa]

I'm not sure if a state traffic law supercedes Federal law or the State Constitution.

1. Where does Federal law come into this?
2. State Constitution includes the catch-all "subject the right of the state to regulate", which "traffic law" is exactly that.

Act 14 is explicit on how land exchanges must occur and none of the conditions have been met.

Then DHHL should give back the money. $600M would build a lovely alternate route to the summit.

[Kaimana]

The HHCA is actually a federal act, the state just manages it.

"2. State Constitution includes the catch-all "subject the right of the state to regulate"

Do you where that's located in the State Constitution?

[kalakoa]

The HHCA is actually a federal act

Too bad the feds can't be bothered, then.

Article 12 Section 7 "Traditional and Customary Rights"

The State reaffirms and shall protect all rights, customarily and traditionally exercised for subsistence, cultural and religious purposes and possessed by ahupua'a tenants who are descendants of native Hawaiians who inhabited the Hawaiian Islands prior to 1778, subject to the right of the State to regulate such rights.

I believe the US Constitution supercedes this grant of special rights to certain people.

In any case: absent lack of enforcement, all these rules and laws are just so much pretty paperwork. Reality on the ground is that "the" Hawaiians can do as they damn well please, while the rest of us receive the infinite honor and privilege of paying for it.

[lisa]

Let the organic gardening begin! How that will put your kids through college or fill the gas tank? Who cares!

I'm so tired of this roadblock to advanced science.

[TomK]

Don't worry, there are enough people around including some posting here who will make alternative facts a viable industry for Hawaii.