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<br /> <br /> <br /> <br /> <br /> <br /> <br /> 80, The improper delegation of condemnation authority to a private party inva' dz -ls <br /> <br /> County Resolution 266-00. <br /> <br /> Impact Fees <br /> <br /> 81, The Development Agreement also purports to amend, supersede or subsU! vAo ter <br /> <br /> ordinances and the impact fee statute. The OevMopment Agreement imposes n <br /> impact tee, and the County has not enacted an impact fee ordinance pursu.!.~t qc <br /> <br /> section 46-141 of the Hawaii Revised Statutes, as amended. Haw. Rev St r § <br /> <br /> 46-141. <br /> <br /> 82. The "fair share" assessment imposed as to the Defendants and the other <br /> <br /> landowners were based on Oceanside's study and recommendation. <br /> <br /> 81 The "fair share" assessment is based on benefits and impacts to the landowr E,rs <br /> from the Mamalahola Bypass Highway. <br /> <br /> 84. County does not have statutory authority to impose a "fair share" assessmern <br /> <br /> but has statutory authority to enact impact fee ordinances pursuant to section 4k- <br /> <br /> 141 of the Hawaii Revised Statutes, as amended. <br /> <br /> 85. The "fair share" assessment under the Development agreement, in substance s <br /> tantamount to an impact fee that does not conform to section 46-141 of the. <br /> <br /> Hawaii Revised Statutes, as amended. <br /> <br /> 86. The portion of the Development Agreement that imposes the "fair share" <br /> <br /> assessment against the Coupe's is void for not being in compliance with sectio, <br /> <br /> 46.141 of the Hawaii Revised Statutes, as amended. <br /> <br /> <br /> <br /> <br /> <br /> <br /> -t I <br />