A Garden Island reported this morning about a settlement between a developer and the county for damage to a historic wall. According to the article, an equipment operator conducting grubbing and grading broke through the wall, which is part of the historic Hapa Trail.
Also according to the article, "[t]he operator committed the misdemeanor offense of taking, appropriating, excavating, injuring, destroying or altering any historic property upon land owned or controlled by the state or any of its political subdivisions."
That would appear to refer to HRS §6E-71 which makes it a misdemeanor to knowingly do any of those listed acts, ("except as permitted by the department"). The article doesn't reveal whether anyone claimed that the damage was not done "knowingly" or whether the wall was damaged "innocently" - either accidentally, or without knowledge that it was a historic property, or that it was on land owned or controlled by the state. The developer's attorney stated that the damage was repaired the same day it happened, but that doesn't really clear up the question of the 'state of mind' of whoever caused the damage.
I suppose some would argue that a contractor "ought to know" those facts. But that's negligence. And a negligent state of mind is insufficient to establish penal liability for this offense.
But this is all idle chatter because the case settled apparently to the satisfaction of both sides. (The defendant contractor's attorney claims the contractor was going to donate rock to the preservation effort anyway).
1 comments:
Smoke and mirrors. What happens when the next disaster causes emergency vehicles or evacuatees to have to use this road?
Where is the outcry when the DOW dug up the road to put in a waterline with no public hearings and TV opportunities for self-proclaimed watchdogs?
pffft.
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