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REPORT OF THE <br />COMMITTEE ON PLANNING <br />DATE: September 23, 2008 Re: Comm. 1458/Resolution 748-08 <br />PLACE: Councilroom <br />Ben Franklin Building <br />333 Kilauea Avenue, 2"d Floor <br />Hilo, Hawaii <br />TIME: 2:30 p.m. <br />Council Chair and Members <br />Hawaii County Council <br />Hilo, Hawaii 96720 <br />Your Committee on Planning, to which was referred Resolution 748-08, reports as follows: <br />Resolution 748-08, transmitted via Communication 1458 from the Office of the Corporation <br />Counsel, dated September 5, 2008, transmitting a resolution authorizing the acquisition of <br />private property by eminent domain for the construction of the Kahului-Keauhou Parkway, from <br />Kailua-Kona to Keauhou, in the District of North Kona, County and State ofHawai`i, in <br />accordance with Section 101-13, Hawaii Revised Statutes. <br />Resolution 748-08 states that the new Kahului-Keauhou Parkway will provide an alternate route <br />for traffic and relieve the present traffic congestion from Ali`i Drive, Kuakini Highway, <br />Mamalahoa Highway, and adjacent areas, better serving the region's future development and <br />project demands. It also notes that acquisition of a parcel of land consisting of approximately <br />3.017 acres, together with any adjacent lands necessary for temporary construction purposes, is <br />necessary in order to construct the highway, and that the new highway has been determined as <br />providing a regional public use and purpose, and the County of Hawaii deems it necessary to <br />invoke its condemnation powers to acquire land to complete the new highway. <br />At the September 23, 2008 Planning Committee meeting, Corporation Counsel Joseph <br />Kamelamela and Public Works Director Bruce McClure were present. <br />Director McClure explained that when the land was originally condemned, the tax map was <br />initially incorrect and that this parcel of land is owned by Mr. Kobayashi. This property is <br />located on the most northern half of Mr. Kobayashi's property which is the southern half of Ali`i <br />Highway. Mr. McClure stated that also going through this parcel will be the mauka/makai Lako <br />Street extension. <br />Corporation Counsel Joseph Kamelamela explained that this is the last parcel needed to complete <br />the southern portion of the Ali`i Highway. He further explained that at the February 21, 2008 <br />trial regarding this parcel, the complaint and legal description in the complaint referred to 1.443 <br />acres. However, when the County went forward to approve the resolution, the map attached <br />reflected a parcel containing 2.991 acres. Although the trial pertained to a 1.443-acre parcel, the <br />PC Report No. 95 <br />