MIN CHARTER 2019-03-08 (2018-2020)

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Hawai`i County Charter Commission -9 March 8, 2019 When I was on the Commission we discussed the use of conservation easements when ranking properties. I object to (h) because eminent domain is very heavy handed and should be used only for a public good. I was a real estate broker selling land and I believe in private property rights. When you are in a negotiation there should be no big stick over your negotiations that eminent domain if the property owner isn't compliant. The highest and best use is to obtain dollar for dollar matching funds and I agree with the Trust for Public Lands which send you in testimony. That grant funders would not grant matching funds for properties obtained through eminent domain. I am also concerned with the legal costs. Usually eminent domain proceedings are lengthy and expensive for legal fees and court costs. Would these be paid out of the 2% funds and even more diminish the purchasing power? Who would decide if and when this was necessary? I don't want my tax money to be used for legal costs. Please say no to CA -27. It is unnecessary and could damage the negotiation process. Thank you for your interest. Thank you. CHR. ADAMS: I would ask that Cherie Griffore to please come up and then also Toni Withington please. At this time we will take our first two testifiers from Hilo. MS. MURAMOTO: Thank you Chair. Our first two testifiers are Cory Harden speaking on two items on the agenda and Dwight Vicente speaking on three. CHR. ADAMS: Thank you. Ms. Harden. CORY HARDEN: Proposal No. CA -18 in support and Proposal No. 27 in opposition. MS. HARDEN: Good morning Commissioners and thank you for your service on the Commission. Cory Harden speaking for myself on CA -18. I support that. That is of course for the 2% maintenance fund and if we are investing in this 2% land, we should do it right and get the most return on our investment possible. I don't think that has been happening in the past 10 years or so. So, since the tax payer monies are going in to it, let's do it right and so people can really get the benefits from the open space and a well maintained space, and places with facilities so the public can go and enjoy these places and reap the benefits. For CA -27 on the 2% fund regarding easements and eminent domain, I guess Mr. Roehrig is trying to save money and that's commendable, but I think we would need approaches other than these two. On the easements, I don't see a need for a Charter amendment for this. It is something that probably could be done with a memo to staff. Easements are already allowed by law and County staff know that easements cost less than purchases and can be used when appropriate. On the eminent domain, taking property this way would lead to resentment against the 2% fund and no doubt there would be costly legal battles and it is not clear if the 2% fund would pay for that or the other County funds. Let me see... I hope he Page 5