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<br /> <br /> <br /> <br /> Donna Fay K Kiyosaki <br /> Chte(Engineer <br /> Stephen K Yamashiro <br /> Mayor Jiro A. Sumada <br /> Deputy C'hlefEngineer <br /> <br /> Tounty of Anfunii <br /> DEPARTMENT OF PUBLIC- WORKS <br /> 25 Aupuni Street, Room 202 • Hilo, Hawaii 96720-4252 <br /> (808) 961-8321 - Fa: (808) 969-7138 <br /> Date June 29, 1998 <br /> <br /> To HONORABLE JAMES Y. ARAKAKI, Council Chairman <br /> <br /> From GONNA FAY K. KIYOSAKI, Ch~f`Engi eer <br /> <br /> SUBJECT: BILL NO. 213 - DRAFT 2 <br /> 1\ <br /> Condemnation Notification Procedures <br /> <br /> We have reviewed Bill No. 213 and the following comments <br /> <br /> • Recently the condemnation process has, regrettably, been overused. It should have been a vehicle <br /> of last resort or special circumstances. Typically it would be used when there are unknown owners, <br /> too many owners, clouded title or, most commonly, a failure to negotiate a fair settlement. <br /> <br /> • In Decemberl997 the Department hired, on a contractual basis, a land agent to acquire property on <br /> our behalf. Acquisition would begin with an offer (based on an appraisal report) to the legal owners <br /> (based on a title search). The land agent, after considering the concerns of the property owner, <br /> would negotiate an settlement amount and/or conditions. Should the land agent reach an impasse, <br /> he would then advise the property owner of our intent to condemn. Considering the nature of this <br /> negotiation process, a dialogue with the property owner would be established making any formal <br /> notifications unnecessary. <br /> <br /> • Typical appraisals for DPW involve properties next to an existing County right-of-way. <br /> Consequently, most appraisals can be conducted from the roadside. If the appraiser, in his <br /> professional opinion, finds it necessary to enter a private property, it should be his responsibility to <br /> arrange an inspection with the owner. If appraisers are not doing their job properly, this is a <br /> contractual problem that needs to be addressed administratively. <br /> <br /> • The form letter, paragraph two, last sentence, is unacceptable. It gives a property owner an <br /> opportunity to delay a project as it fails to establish a time frame for him to arrange a meeting. As <br /> previously indicated, the need for a meeting should be determined by the appraiser. <br /> <br /> Overall, we agree that our land acquisition actions have been less than ideal. However, the difficulties <br /> encountered were primarily due to our lack of real property knowledge. We have taken a major step in <br /> correcting this problem through the hiring of a private land agent. We believe that our actions will <br /> address your concerns, making this legislative action unnecessary. flnom No. 770. oz <br /> <br /> !tile No. i L IL <br /> mef. T(H Presented <br /> E:AWPFiles\MEMOSVCOUNCIL.WPD(65) <br /> C- 770.0 <br />