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• 4OJM��OFMv ... <br /> COUNTY OF HAWAI'I f��''' ''/�•- STATE OF HAWAI`I <br /> Air;i1.4-1 <br /> RESOLUTION NO. 518 24 <br /> AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT <br /> DOMAIN, BEING PORTIONS OF TAX MAP KEYS: (3) 1-4-001:002 AND (3) 1-4- <br /> 001:003, SITUATED AT KAPOHO,PUNA, COUNTY AND STATE OF HAWAI`I,FOR <br /> THE RECONSTRUCTION OF LAVA INUNDATED ROADS, COUNTY JOB NUMBER <br /> E-4523, SPECIFICALLY POHOIKI ROAD. <br /> WHEREAS, the County of Hawai`i ("County") is proceeding with the reconstruction of <br /> lava inundated roads, which includes the reconstruction of Pohoiki Road, situated at Kapoho, <br /> Puna, County and State of Hawai`i; and <br /> WHEREAS,the properties identified as Lot 2-B and Lot KL-1, as described and <br /> delineated in Exhibit"A," are required by the County in order to reconstruct Pohoiki Road in a <br /> manner that complies with current County roadway standards, i.e., Lot 2-B and Lot KL-1 are <br /> required to widen Pohoiki Road to comply with current County roadway standards; and <br /> WHEREAS, the County was unable to reach an agreement with the current owner of Lot <br /> 2-B and Lot KL-1 for the purchase and sale of those properties to the County; and <br /> WHEREAS, it is therefore necessary that the County exercise its right of eminent <br /> domain to acquire Lot 2-B and Lot KL-1 for a public purpose and use, to wit: to widen Pohoiki <br /> Road; and <br /> WHEREAS,pursuant to Hawai`i Revised Statutes ("HRS") Sections 46-1.5(6), 46-61, <br /> and 101-2,the County has the authority to exercise its power of eminent domain to take-private <br /> property for public use such as a roadway when in it is in the public interest to do so; and <br /> WHEREAS, HRS Section 101-13 requires that a condemnation action by the County <br /> must be authorized by a resolution of the County Council; now, therefore, <br /> BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that the <br /> Council of the County of Hawaii finds it necessary and in the public interest to take the private <br /> properties identified as Lot 2-B and Lot KL-1, as described and delineated in Exhibit"A,"for <br /> public use as a roadway, to wit: the properties will be used to widen Pohoiki Road when the road <br /> is reconstructed as part of the County project entitled Reconstruction of Lava Inundated Roads, <br /> Job Number E-4523. <br /> BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawaii <br /> be and is hereby authorized and empowered to initiate proceedings in eminent domain, as <br />