Resolve who owns ‘limbo’ roads

After at least three decades of inaction, it’s time the city and state start divvying up responsibility for more than 400 roads of disputed ownership across Oahu.

A 1989 state study identified 437 so-called “limbo” roads on Oahu, but there was no resulting plan of action. And now and again, a problem with one of those roads arises, officials fret that something must be done, but then nary a word is spoken until another road turns up damaged or the bordering trees need trimming.

While not a road with disputed ownership, Mapele Road in Kahaluu recalls the issue, after it was damaged by recent heavy rain, making it impossible for refuse and fire trucks to pass safely. It will take at least several months for even a temporary fix or repaving of the road. But because Mapele is a private road, repairing it becomes a sticky matter.

The city will install a refuse bin at Kahaluu Regional Park for the 35 residents who live along Mapele Road. A temporary bypass road for fire trucks has been set up through a resident’s property. But no one is rushing to repair the cracked roadway, which is over a stream and likely would require state or federal permits.

Mayor Kirk Caldwell described the situation as “complicated.” Confusion swirls over who fixes what and where the money would come from. The mayor’s spokesman said some private owners are better than others in the upkeep of roads.

The mess highlights the need for public officials to address the road ownership issue on a broader scale rather than piecemeal, which has been the norm for decades.

Caldwell has met with state Rep. Karl Rhoads on resolving the disputed roads issue and they agreed to work toward a solution.

The City Council is considering Bill 71, which would have the city accept responsibility to maintain the tree trimming along all the roads that remain in limbo. It was passed out of committee and is up for second reading. But if the measure passes, how does the city pay for that maintenance? The Caldwell administration has opposed the bill for that very reason, noting insufficient funds.

Councilwoman Ann Kobayashi introduced Bill 71, prompted by the controversy surrounding an unkempt stretch of Manoa Road between Waakua Street and Paradise Park. Neither the state nor city has accepted responsibility for the maintenance, forcing Paradise Park to hire contractors to clear vegetation periodically, as well as Hawaiian Telcom, which trims around telephone lines. As recently as 2012, state lawmakers asked the state Board of Land and Natural Resources to convene a task force to help solve the Manoa quandary. Yet nothing came of that.

Even the 1989 state study recognized the complexity of the limbo roads issue, which might explain — but doesn’t excuse — why no one has tackled the problem.

“The roadway jurisdiction problem is not simply one of statutory interpretation, and will not be solved merely by more legislation without considering the components of the problem,” the report said.

Those components included the historical background, legislative history and five practical considerations: liability for traffic accidents, road title, metes and bounds description, maintenance responsibilities, and funding, according to the report.

Still, it is incumbent on city and state officials to address those considerations and ultimately settle on ownership of these roadways. Being proactive now might well head off legal entanglements later arising from specific road problems.

A bill introduced during the last Legislature would have established a joint five-year city-state roads-in-limbo pilot project for road and street repairs, and resurfacing for specified roads. Unfortunately, that effort died in committee. The project would have been under the jurisdiction of the state Department of Transportation and city Department of Transportation Services, making a matching appropriation to the city. It would have clarified that no ownership or control by the state or city would be inferred from making the repairs and maintenance.

While it’s commendable to address the issue jointly, the measure stopped short of establishing ownership, which really should be the goal.

The hundreds of roadways in question will at some point need repair and maintenance, in varying degrees. Rather than let squabbling lead to deterioration, it makes more sense to sit down now and figure out who owns the roads and bears responsibility for them.