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<br />Hawaii Game Management Advisory Commission Meeting <br />Minutes – May 19, 2014 <br />shorelines as well as into the mountain areas, which was all well and good but it <br />didn’t come with any money to do that. <br /> <br />Mr. Brown further stated that to his knowledge (HRS 115) never really been <br />utilized as the authority. He supposes it could be cited as the authority if the <br />county were to try to exercise the right of eminent domain to secure access over <br />private property to the mountain area and to the shoreline area. <br /> <br />Q&A <br /> <br />Q.: If a new subdivision or existing subdivision is being built is this incorporated <br />at that point? For example, Hamakua area supposed to have access or <br />easements as part of the stipulation with building a subdivision but there are no <br />accesses. <br /> <br />A.: The trigger is they’re proposing to do a subdivision and that subdivision is, if <br />you’re taking one lot and you’re making six lots or more out of that one – then the <br />trigger kicks in. If you have a 50 acre parcel and you’re adjacent to the Hilo forest <br />reserve, for example, you’re going to subdivide it into four lots – Chapter 34 <br />doesn’t trigger. <br /> <br />Q.: Is that per one tax map key number? <br /> <br />A.: Yes. A parcel of land on a tax map key number. Most of the time it’s the <br />same thing, however, there are some rare exceptions to that. <br /> <br />Q.: When buying a large track of land 20 acres or more for example, Hamakua <br />with different tax map keys - does that trigger any access if you develop? <br /> <br />A.: Just purchasing the land, no. <br /> <br />Q.: Is eminent domain applicable for access to the forest? <br /> <br />A.: It’s a tool that’s in the county and the state and the federal government’s tool <br />box that could be used. <br />Mr. Brown has never seen it used for public access with the exception of the one <br />action he is working on at Papaikou. The county’s council last year approved the <br />use of eminent domain to acquire public access over the old mill property down <br />to the beach at Papaikou. To the best of Mr. Brown’s knowledge eminent domain <br />for public access has not been used up until now in this county. <br />Eminent domain’s primarily used for things like road right-of-ways, or on occasion <br />it might have been for a floodway through private property but usually the county <br />hit those through easements. <br /> <br />Q.: What would make something so important as to trigger eminent domain? <br /> <br /> 3 <br /> <br />