RES 308 Draft 02 2010-2012 - Laserfiche WebLink

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WHEREAS, according to County property tax records, both Tax Map Key Numbers (3) 2-7-004-118 and (3) 2-7-027-065 are owned by Papa`ikou Landing, Inc., c/o James Waugh, P.O. Box 4697, Station C, Calgary, Alberta, Canada; and WHEREAS, the acquisition of a pedestrian easement over the path and Mill Road would reduce conflict between the private landowner and community members by clearly establishing the extent of private and public rights in the area; and WHEREAS, members of the community are ready to assist in the maintenance and management of a public access easement to the beach at Papa` ikou, and in the maintenance and management of the public use of the beach, and have already done so; and WHEREAS, over 5000 residents of the island of Hawaii have signed petitions calling for public access to the beach at Papa`ikou; and WHEREAS, Section 115-2 of the Hawaii Revised Statutes provides in part that "the various counties shall purchase land for public rights-of-way to the shorelines, the sea, and inland recreational areas"; and WHEREAS, Section 115-6 of the Hawaii Revised Statutes provides that such purchases to allow for public rights-of-way to the shorelines, the sea, and inland recreational areas shall be made under Chapter 101 of the Hawaii Revised Statutes, which sets out provisions for condemnation of private property, otherwise known as eminent domain; and WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a condemnation action by the County must be authorized by resolution; and WHEREAS, the acquisition of an easement to the beach at Papa`ikou would be in the public interest; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII, that it is necessary for a public use and purpose, to wit: for the benefit of the public, to ensure access to the beach at Pdpa`ikou, to take, acquire and condemn a pedestrian public access easement over those certain private properties in Pdpa`ikou, District of South Hilo, identified as Tax Map Key Number: (3) 2-7-027:065 as described in Exhibit "1" and through a portion of that certain private property identified as Tax Map Key Number: (3) 2-7-004:118 and delineated on Exhibit "2" attached hereto.