Laserfiche WebLink
,,~YY of ~y,~ <br /> ~4~. ~ 4r ' <br /> <br /> Harry Kim Christopher 3. Yuen <br /> Mayor ~1 DirrcMr <br /> .~r • ~L:.t i :i ~:IJ <br /> ~rF p~~M~~' <br /> '03 DEC 18 912opDt~~TOkemoto <br /> CLIIIYYC~'~1 YT;~~tt~U2TCT CGUf~ L;LCi.:~: <br /> PLANNINGDFPARTI'.iENT COUNT ~ : ~i= H~^-v~lAil <br /> 101 Pauahi Street, Suite 3 Hilo, Flawaii 96720-3043 <br /> (808)961-8288 Fax(808)961-8742 <br /> December 18, 2003 <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 Collies, 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 Collies 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 /> <br />