2024-09-30 Request for Continuance of Hearing (PL-BOA-2023-000065)

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COUNTY OF HAWAII ' :ft_*! STATE OF HAWAII RESOLUTION NO. 518 24 AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT DOMAIN,BEING PORTIONS OF TAX MAP KEYS: (3) 1-4-001:002 AND (3) 1-4- 001:003, SITUATED AT KAPOHO,PUNA, COUNTY AND STATE OF HAWAII,FOR THE RECONSTRUCTION OF LAVA INUNDATED ROADS,COUNTY JOB NUMBER E-4523,SPECIFICALLY POHOIKI ROAD. WHEREAS,the County of Hawai`i ("County") is proceeding with the reconstruction of lava inundated roads, which includes the reconstruction of Pohoiki Road, situated at Kapoho, Puna, County and State of Hawaii; and WHEREAS,the properties identified as Lot 2-B and Lot KL-1, as described and delineated in Exhibit"A,"are required by the County in order to reconstruct Pohoiki Road in a manner that complies with current County roadway standards,i.e., Lot 2-B and Lot KL-1 are required to widen Pohoiki Road to comply with current County roadway standards;and WHEREAS,the County was unable to reach an agreement with the current owner of Lot 2-B and Lot KL-1 for the purchase and sale of those properties to the County; and WHEREAS,it is therefore necessary that the County exercise its right of eminent domain to acquire Lot 2-B and Lot KL-1 for a public purpose and use, to wit:to widen Pohoiki Road;and WHEREAS,pursuant to Hawai`i Revised Statutes ("HRS") Sections 46-1.5(6),46-61, and 101-2,the County has the authority to exercise its power of eminent domain to take'private property for public use such as a roadway when in it is in the public interest to do so; and WHEREAS, HRS Section 101-13 requires that a condemnation action by the County must be authorized by a resolution of the County Council; now,therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that the Council of the County of Hawaii finds it necessary and in the public interest to take the private properties identified as Lot 2-B and Lot KL-1, as described and delineated in Exhibit"A,"for public use as a roadway,to wit:the properties will be used to widen Pohoiki Road when the road is reconstructed as part of the County project entitled Reconstruction of Lava Inundated Roads, Job Number E-4523. 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 EXHIBIT "A"