Hawaiian Acres Stolen Roads (8,9,A,& F)

[jungledaze]

[!]Now to add insult to injury the City and County has LITERALLY gone to the front of our subdivision and RIPPED OUT THE ENTIRE PRIVATE ROADS DO NOT ENTER sign from the corner of A road & Kualii Road.

What is SO horrible is that 1st they claim 8 Rd. as an emergency access road just like Railroad & the Crater Rim Road yet they BLOCK outside traffic except for residents on those roads. Yet they have allowed for our road which is not even wide enough to be a legal thoroughfare to be used by anyone.

In fact instead of chasing off non residents as they do on ALL other declared Emergency Use only roadways they ACTIVELY are using OUR PRIVATE ROAD to hand out expensive seatbelt tickets on our own property which is documented as privately owned roads within every single property deed and escrow document ever produced in the history of the entire subdivision !!!

They place ridiculous signage all over the road on hills that do not exist, build millions of dollars worth of flood ditches which are exactly opposite of where the actual river is at C road !!! they place Road Flood signs on TOP of hills even with drain pipes???

All these completely idiotic things. They actually ALLOW busloads of children to drive down this dangerous illegal private roadway and NO ONE drives 15 mph !!!! NO ONE !!! Not even them.

To BOOT they claim 8 Road as the access road but neglect to realize that in order to even get to 8 road off of Kuauli Rd. you must first turn right onto A rd. and to exit from 8 rd towards Pahoa you must again turn onto two other roads (F rd. & 9 Rd.).

If they want this land and the DIRECT LIABILITIES THAT THAT ENTAILS (as of today WE the owners of lots in Hawaiian Acres assume by default) such as a bus accident in which a few kids are killed and all us owners are sued for allowing the bus to be there to begin with and lose everything then by god they had better do the RIGHT THING and claim emminent domain and pay us owners each our share of the combined roads taken over at fair market value or else protect us like they do for the SHIPMANS & the few dozen new hipsters who think its cool to spend 500 bucks to a grand for a 50 by 50 lot of hot lava and throw up a shack in Kalapana !!! While us who were born in Hawaii before it was even a damned state are screwed & ticketed daily !!!

AND REPLACE OUR PRIVATE ROAD SIGN IMMEDIATELY IT IS THE ONLY LEGAL DEFENSE WE HAVE AS OWNERS IN CASE OF A SERIOUS ACTION AND THE LIABILITY IT INCURS not IF but only WHEN a bad accident occurs !!! WAKE UP ACRES PEOPLE THIS IS YOUR HOME !!!! DEMAND EQUAL TREATMENT WITH the other Emergency Roads !!!

[jungledaze]

Aloha-- update... I went threw the acres today Sept 20th 2016 to add photos to have in my collection of evidence of the CC of Hawaiis illegal thefts of our roads and turning our country home into the eventual MAJOR causeway between Highway 11 and Pahoa, Aina Loa, etc. I happily was able to add to my collection the matching Signage on 9 Road that states that these roads are NOT a PUBLIC THOUROUGHFARE and privately owned. By law we can set up a table and signs warning trespassers at the entrances to our subdivision at all entrances. I believe it must be done once a year if the signage is not present which we now know they are trying to remove (illegally !!!). So lets set up a day when we can get a few residents that are concerned about he future country style of life we love being protected and set up tables at 9 & the lot between Hawaiian acres & Aina Loa Blvd & at the corner of Kuauli Rd. & A Rd. in Hawaiian Acres. We can legally stop everyone entering JUST LIKE HARRY KIM does with the illegal gate he installed by waiwai hot ponds and request to see if the folks entering are residents or trespasser (which would INCLUDE Police units that are entering the subdivision WITHOUT an active call to a specific residence...) and notify them that they are entering a private subdivision and are not welcome to travel our roadways' unless their is an "ACTIVE IN PLACE ORDER OF EMERGENCY EXIT FROM THE LOWER PUNA REGION !!!)... We can not detain them but we can get their names, vehicle plate numbers, and report their entrance onto privately owned roadways while there is no ENERGENCY DECREE in place. We can then pound "FIVE-O" with each and every illegally entering vehicle to be kept on record. We can then have a running list of the "RIPPERS.." comings and goings as well as how often the Police themselves enter the subdivision "without " an active call in place to do so to an exact address and see how many tickets are written and when. Obviously they would not be stopping while entering to respond to a 911 call but they might see an illegal activity on their way out and issue a ticket. However it can not legally be a seatbelt or speeding ticket on any unpaved roads ever. They might legally win an such a case as they exit the acres after a response on the paved 8 Rd. such as obvious drunk driving or domestic on the side of the road. But at least in court with the continued use of randomly picked days and residents (NOT THE ILLEGAL COMMUNITY ASSOCIATION who are in cahoots with the CC of Hawaii and not a legal representative of the land owners here)setting up stops at the beginning of our subdivision we are covered legally in any future lawsuit. The Police say that they can drive these roads because they can access them !!! Well then its TIME for the C/C of Hawaii to put up the SAME GATES that they have in place on EVERY SINGLE other Emergency Route on the island. So who is up to protecting our way of life for the keiki and keeping ourselves safe from rippers & 5-O filling up their coffers with ticket money on our own shared driveways !!! This IS NOT 1955 GEORGIA with the only rule of law being the fact that we fear only two things in the Acres 1)Rippers, 2) getting ticketed on land WE OWN, and 3) preventing the inevitable lawsuits that come with a single accident !!! People can pick their children up at the end of KUAULI Street if they are so inclined but busses can not be allowed to be an exception to the rules while this road is an unprotected, illegal, and can never meet Federal, State or C/C statutes for legal roadwats unless there is a HUGE purchase of land legally at fair market value by way of Emminent Domain. They have NO reason or right to say it has been done by Condemnation because we have NEVER had a 100% vote and explanation on this issue and there are thousands of acres that are within the States care & the DLNRs realm surrounding the acres that are already available to build new roadways on. In fact as the crow flys they could cut a path directly behind Pahoa through the forest and exit above Mountain view. Lets do this people!!!! let me know when you want to set up tables and signs and do resident checks and I will be there with many friends who agree with me. Unlike the fake Community Association which is radically and on a monthly basis working behind our backs in meetings together at the CA Center on C-rd we will welcome them to join our ranks at our checkpoints. And we wont even charge them to join our efforts as they force people to do and join their little Drinking crew to use the DONATED land/park (from Dan) and the illegally (by misinformation) collected funds used for WIFI and Yoga Classes & swap meets only THEY can speak at or vote for !!! Its time to RECLAIM OUR LANDS !!!

[randomq]

I know of at least 2 council members of the 'illegal' community association that share your views, maybe you should stop by the next meeting and help organize something. Or put a sign up yourself, we are all owners of the road shaped lot after all.

[kalakoa]

I believe it must be done once a year if the signage is not present which we now know they are trying to remove (illegally !!!)

1. The deadline for exclusion of the public has long since passed.
2. County has an easement for PEAR, which order may not withstand scrutiny but is nonetheless valid "prime facie".

Unlike the fake Community Association

All other subdivisions have multiple Associations, thank goodness HA is "normal" in that respect.

to even get to 8 road off of Kuauli Rd. you must first turn right onto A rd

There is no "A Road", that's the Old Volcano Trail, which should be restored to its original condition per the 1892 Highways Act. Of course this might preclude vehicular traffic, making the "illegal" Ainaloa connector the only "legitimate" ingress/egress for vehicles.

[jungledaze]

Sorry but yes there IS an A rd !! The old historic Volcano Trail Runs alongside the corner home there on the Mauka side of A rd and continues up through to volcano. I actually participated in the clearing of the trail over 25 years ago and know exactly where it runs. A Rd. also continues towards Kurtistown but has actually simply grown over but it is there. Even IF A rd was claimed to be a part of the trail it can NEVER be built upon because it is a Federally designated Protected Historic Trail just like the Appalachian Trail and can not be paved over!! As for going to the "Fake Community Association" meeting they do let you go but you are not allowed to speak. Heck they had a woman who just moved to the mainland that was actually doing the books for them for almost 4 years that never in her life owned a piece of property here.
And they can claim that the date has passed to complain but by law you can not commit a crime or theft and just wait a long time and say o well we win !!! They do NOT own our roads because they would need to have contact with every single property owner which is virtually impossible since a lot of these lots were purchased from the New York Times back in the 50s and the people that own them are simply not interested in becoming involved hence all three time the City & County & the "ASSOCIATION !!" went to court the judges ruled against them. We own 77 miles of roads in this subdivision not the C&C. 77 miles of roadway at a width of 30 feet (30 ft less than legally allowed for a C&C rd, plus an extra 5 ft for easements on each side). This works out to be many thousands of acres. And at fair market value to purchase the roadways under Eminent Domain laws would cost the County more than Highway 11 cost to build. Our roadways are actually considered One Lane and our signage (still in place I have photos as of yesterday) says so by telling residents that "outgoing traffic has the right of way.). The biggest mistake we all (including me)make is referring to these "driveway access" paths as roads because they never were designed to be roads since the acres inception. three times (most recently that I attended) in 1985 and 1993 a judge ruled that all these driveways were privately owned and HACA was an illegal entity with no power to collect money or for the C&C to turn into thoroughfare's without proper redress to eminent domain. The sign still exists on 9 road as of Sept. 19th 2016, while the exact other sign on A Rd & Kuauli was removed sometime during the the 1st week of Sept 2016. With signs we do not need to close our roads under the rules of "Prescriptive Easement". But with the signs removed you are correct without a yearly day closure or checkpoint set up we may be in a legal "quagmire" as to whether they can claim eminent domain. So we NEED to do this once a year beginning as soon as the remaining sign is stolen on 9 Rd.
a good example of our situation can be seen at this link-
http://www.theglobeandmail.com/globe-dri...e13631313/

"Any route that the government doesn’t own, but that people need to use has in it the seeds of social destruction. Most private road disputes do not end in gunfire (a simple knife fight will do), but the truth is that there are few driving pitfalls that can trigger more ill will than the existence of a private road. The urban equivalent is the shared driveway or as they call it in the UFC the “Octagon.” Why did Oedipus kill his father? They had an argument about right-of-way on a private road. Few fans know it, but novelist Cormac McCarthy’s gruesome tale of post-apocalyptic cannibalism, The Road, was originally called The Private Road, but the title was deemed too disturbing."

Another example of private ownership is as follows-
http://www.codepublishing.com/WA/LaCente...r1210.html
"Driving on a road marked Private as you described would be trespass, which is a civil offence. Therefore you cannot be arrested for being there. The owners can ask you to leave, and you should do so promptly. They can call the police if they desire but they cannot restrain you while they wait.
Only Aggravated Trespass is a criminal offence....". This is the way ALL other Emergency Routes are supervised by the County by putting up gates that only property owners get an access key to enter. THIS is the defense we need to proceed with. We NEED gates not police in our yards !!! Police are actually only allowed to drive these roads if they are on an actual documented 911 call or during a monumental act of nature to expedite the saving of lives. These laws are NOT designed for the theft of roadways just for convenience when adjacent lands are available that surround the subdivision in question.
I will happily set up a table once a year at one of the entrances to our subdivision but as you see I have no right to hold a person only to tell them not to enter, after they ignore that then we can take plate numbers and call the police under the "Aggravated Trespass..." rules. But it takes the police longer to respond than it does to blow it through the subdivision so we will need someone at the other exit/entrance stopping people at the same time I am in the front. Anyone who thinks allowing the C&C to take over our roads is simply a whacko and a person who is building here as an investment not to live here!! Because it is quite obvious that 8 Rd has become the newest way to avoid all the drunk/drug driving and seatbelt setups by the Police, and to spock out homes to rip off. I personally know of 3 people who have been armed and suffered home invasions since 8Rd has become the best known secret for all the crack & batu freaks. Heck almost every road now has drug houses full of squatters now !!!
I personally do NOT want to live in an area with crime similar to Detroit or Chicago!!! Do you???
The C&C as the authority wanting to open our roads to the public must first consider all the facts and balance the benefit received by the limited number of people who use the road against the burden imposed on the owner of the land over which the proposed road will cross.
They can not prove this since they own land around us and there could be shorter routes developed.
This all boils down to "EMERGENCY ROAD..." that I can deal with IF they install gates and issue keys to residents just as they do for every other similar route. But if they want to OWN the road then BUY IT, pay us each our share, and block access to every single access to our homes with gates and keys.
Sorry but I am passionate about this issue and getting older I am now more susceptible to home invasions which are horrific and not even reported on the news !!!

[kalakoa]

Even IF A rd was claimed to be a part of the trail it can NEVER be built upon because it is a Federally designated Protected Historic Trail just like the Appalachian Trail and can not be paved over!!

Hawaiian Acres "A Road" is the Old Volcano Trail; parts of it have already been paved and are in daily use for vehicular traffic.

I realize "the law" says otherwise, but this is the reality we have here today.

[jungledaze]

Kala-- sorry but A rd is "not.." I repeat "not.." a part of the trail. I was in the original crew that cut the trail from below Kuauli Rd. up to almost Kulani Rd. A rd is just A rd. it is undeniably not a part of the Historic Federal Trail. I spent weeks in that brush cutting the trail. Lol a lot of good that did I do not think one person ever used it and it is all grown over already. But you know where you turn onto 8 rd there and the sign where the guy rents the equipment if you go about ten feet past the edge of his property that is the trail and it runs down between the last house in the acres on the mauka side property (of A rd) directly down and runs alongside of the back line of Sakos land.

[kalakoa]

A rd is just A rd. it is undeniably not a part of the Historic Federal Trail.

Oh, so someone just needs to "enforce the law"? Good luck with that.

[kalakoa]

Note plat 1-6-13 which describes the Old Volcano Trail as a "30-foot road" with connections to other roads.

The access easement attached to 160320200000 is particularly interesting, as it was granted by the State over approximately 8000sf of the Volcano Trail. Note how the lot would otherwise have no legal access.

Check out plat 1-7-8 and see the many lots which have Old Volcano Road as their frontage and only legal access.

Search the property tax records; there are hundreds of lots with a situs address of Old Volcano Trail.

If the Trail is really not legally usable as a Road, then County violated its own rules in allowing these lots to be subdivided.

Given how the Kenoi pCard situation is being handled, I've basically given up any hope that these issues will ever be resolved.

[jungledaze]

Aloha--- EXACTLY !!! the trail actually has been twisted and turned every which way and has literally hundreds of crossings and lots which are bordered or surround sections of it. Totally crazy... I agree on my facebook I was ranting about ole Billy for years now. I could not even believe he was elected !!! the guy was a hoodlum since he was a kid, no secret about that...lol.. I mean seriously he trued to get the judge to drop the charges because he felt that the rules to the cards usage was to vague and he was unable to understand them.... lol.. yet he managed to pay his fricking Lawyers fees with it... lol.. and of course anyone would get confused about whether or not sliding bills into a naked chicks okole cheeks at the sleaziest strip club on Oahu might probably be on the approved list... and I know I been to all of them but I used my wifes money not the taxpayers.... lol.. o crap now she wont let me go back to Sand Island !!! lol