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Harry Kim <br />Mayor <br />December 18. 2003 <br />Christopher J. Yuen <br />• .�• �' U-..1 -.. Ojre�mr <br />'03 DEC 18 RftT�. TakjAioto <br />Deputy D,reaar <br />%1lonnfir of paivall <br />PLANNING DEPARTMENT <br />OOUNZt <br />101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720-3043 <br />(808)961-8288 • Fax(808)961-8742 <br />Honorable Leningrad Elarionoff, Chair <br />and Members of the County Council <br />HAWAII COUNTY COUNCIL <br />25 Aupuni Street <br />Hilo, HI 96720 <br />Dear Chair Elarionoff and Members of the County Council: <br />SUBJECT: GENERAL PLAN <br />I am writing to respond to the testimony of David Callies, Esq., on behalf of the <br />"Leeward Planning Council" (I presume this means the Hawaii Leeward Planning <br />Conference), dated January 16, 2003. This reply cannot be as full as I would like; I <br />received the letter mid-afternoon Jan. 17`h. I want to give a response because the <br />testimony presents a selective and incomplete picture—really a lawyer's brief arguing for <br />one side of a question-- designed to make the Council fear that certain proposed <br />amendments to the General Plan will cause the County to be liable for taking private <br />property. <br />The Council needs to understand this important area of land use law. My letter gives a <br />fuller discussion of the law of "takings" as it applies to land use regulations in general. <br />Note that the Callies testimony does not actually discuss any specific LUPAG map <br />amendments. My letter will briefly describe why none of the proposed amendments to the <br />LUPAG maps that would put areas into the "Open" or "Conservation" designations <br />would lead to an unconstitutional taking. The possible constitutional challenges to the <br />proposed map amendments were carefully considered and analyzed before these <br />amendments were proposed. <br />Comm. No. W5 •7'3 <br />Ref. To: , <br />Ref. Dote <br />