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William P. Kenoi <br />Mavor <br />February 12, 2010 <br />County of Hawaii <br />PLANNING DEPARTMENT <br />PUNA COMMUNITY DEVELOPMENT PLAN ACTION COMMITTEE <br />Aupuni Center • 101 Pauahi Street, Suite 3 • Hilo, Hawaii 96720 <br />Phone (808) 961 -8288 • Fax (808) 961 -8742 <br />J Yoshimoto, Council Chair and <br />Members of the Hawai'i County Council <br />Hawai'i County Council <br />25 Aupuni Street <br />Hilo, Hawai'i 96720 <br />Dear Chairman Yoshimoto and Members of the Hawai'i County Council: <br />Subject: Legislation enabling counties to secure ownership of tax foreclosure real estate <br />BJ Leithead Todd <br />Director <br />Margaret Masunaga <br />Deputy Director <br />The Puna Community Development Plan (PCDP) was adopted by Ordinance No. 08 -116 on September <br />10, 2008 and included a number of Actions requiring legislation amending either Hawai'i Revised <br />Statutes (HRS) and/or the Hawai'i County Code. One such action is specified in Section 3.2.3.e. of the <br />PCDP relating to the disposition of properties subject to foreclosure due to property tax arrears, to wit: <br />"Seek State legislation to allow the County to hold onto properties that are in foreclosure due <br />to property taxes in arrears rather than immediately auctioning them to the highest bidder in <br />order to: <br />- Discourage speculative re -sale and /or building; <br />- Allow the use of these properties in land pooling projects in nonconforming (a) subdivision <br />that would create larger lots committed to agricultural use; <br />- Protect unknown natural and cultural sites or features; <br />- For educational programs for agriculture, forestry and natural resources management; and <br />- For use in community land trusts and land exchanges." <br />By this letter the PCDP Action Committee, as approved by unanimous vote at its January 21, 2010 <br />meeting, respectfully requests that the Hawai'i County Council draft appropriate legislation to amend <br />Hawai'i Revised Statutes and the Hawai'i County Code as necessary to make it possible for the County <br />of Hawai'i to retain lots that are in foreclosure for delinquent real property tax payments rather than <br />having them auctioned for sale to the highest bidder. These retained properties can then be used for <br />relocation purposes when other properties are acquired for future rights -of -way, public facilities or <br />land assembly related to village center development as well as the purposes cited above. The PCDP <br />Hawaii County is an Equal Opportunity Provider and Employer <br />