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Hawai`i Traditional Boundary Id.System Identified according to the surveying system called Metes and Bounds that relies on: • General description of location including nearby reference points • Survey lines describe property boundaries using compass direction and distance • Boundary description contains details of natural features (found along property boundary) such as water-bodies, boulders, trees and other natural markers.
Metes and Bounds: Sample description • ...330 acres of land lying in Boufort County and on the East side of Coneto Creek. Beginning at a white oak in Michael King's line: then by sd [said] line S[outh] 30 d[egrees] E[ast] 50po[les]* to a pine then E 320 poles to a pine then N 220 poles to a pine then by Crisp's line west 80 poles to a pine then down the creek to the first station (Source: USGS) * pole = 16-1/2 feet Conclusion: Metes and Bounds: Art and a science
Cadastral surveys: Legal Land Descriptions For official recordation, taxation and land transfer Consists of: o A drawing or map representing the lines surveyed showing direction and length of each line, boundary description & area of each parcel of land including o A written description including all improvements upon the land
Hawai`i Contemporary Legal land ID System • Divisions (see handout) • Zones • Sections • Plats • Parcels (smallest subdivision of land; portion of a plat)
What is a “Plat”? • A plat is a map, drawn to scale, showing how a piece of land is divided into lots with streets and other roadways, usually for the purpose of selling the described lots. ( The lots form the subdivision) • After a plat is filed with the official recording agency, legal descriptions can refer to lot numbers rather than portions of sections. Plats can also legally dedicate land for road and other public spaces such as rights of way.
Parcel (lot) identification system • Tax map Key = a five number identification system • Example: 3: 9-9-09:121 See handout for sample
? Is there a match between contemporary and traditional land divisions? A Suggestion only: • Zones = moku • Sections = ahupua`a (poor fit) • Plat = ili • Parcel = kuleana
Review 1. What is planning 2. Why is there a need for land use planning 3. Who plans the city (land use) 4. What is the role of planners 5. What is the legal basis for planning by government and private planners? Cont’d
More review topics The concept of property in western society • Types of property • Types of ownership • Other legal interest/controls Private property rights and constraints 1. List land use rights (green sticks) 2. List land use constraints (red sticks)
Who or what typically creates? Negative externalities • Positive externalities • Which of these often result in conflict Discuss the statement: “The central problem of land use management is externalities and this is what planning is all about.”
What is the role of conflict in land use control? • Who are the typical stakeholders in land use disputes? • What is the usual role of the following stake holders: - Private property owner - Interest groups/stakeholders - Government - The courts - Public sector-public conflicts that involve the courts can have significant outcomes. List four of these.
Legal issues Discuss/define/distinguish between: • Types of law • Standing Class action • Plaintiff • Defendant • Stakeholder • The governmental hierarchy and “Home Rule” • “Constitutionality” of an action or constraint • police powers of the state
What is meant by the term ethical decision-making? • engage in empowering educational activities • engage in education for better understanding of socio-economic realities • participate effectively in consultation (e.g. public hearings) • build unity while creating diversity • educate community about sustainable ecological relationships • attempts undertake development that keeps people healthy, happy and interested (Outline Beatley’s argument on ethical decision-making.)
Discuss the following statements: • “Planning cannot be effective unless it understands the governmental and non-governmental power structure” • Public participation in planning can be a double edged sword? • Should politicians be obliged to make decisions based on public input only? Why/why not? • One view of land is that it is “an object of capital value”. What does this mean. • “We must read the city in terms of legal and institutional influences as well as economic, cultural and physical factors”
What are your suggestions? • Submit your questions to be posted.