RES 748 Draft 01 2006-2008 - Laserfiche WebLink

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WHEREAS, the new highway has been determined by the County of Hawaii as providing a regional public use and purpose which will benefit the County of Hawaii; and WHEREAS, the County of Hawaii deems it necessary to invoke its condemnation powers in acquiring the land to complete the new highway; and WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a condemnation action by the County of Hawaii must be authorized by a resolution of the County Council. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HA WAI`I, that the Council of the County of Hawaii finds that it is necessary for the public use and purpose for the benefit of the County of Hawaii, to wit: the construction of the Kahului- Keauhou Parkway, from Kailua-Kona to Keauhou, in the District of North Kona, County and State of Hawaii, to take, acquire and condemn the land described in Exhibits "1"and " 2" attached hereto, for Parcel 1-A-1 consisting of 3.017 acres, more or less, together with any adjacent lands necessary for temporary construction purposes, including but not limited to, temporary easements for construction and operations, storage and disposal areas. BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawaii be and is hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition and condemnation of the aforesaid land. BE IT FURTHER RESOLVED that the process of said proceedings in eminent domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement, subject to section 2-]0, Hawaii County Code, and the approval of the court before which such proceedings are prosecuted.