DIG Eminent Domain RES 732-20 2018-2020

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COUNTY OF HAWAII STATE OF HAWAII RESOLUTION NO. 732-20 AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN FOR THE ACQUISITION OF A PERPETUAL, UNOBSTRUCTED,NON-EXCLUSIVE EASEMENT FOR PUBLIC PEDESTRIAN INGRESS AND EGRESS THROUGH PRIVATE PROPERTY, BEING A PORTION OF TAX MAP KEY NUMBERS: (3) 2-7-004-118 AND (3) 2-7-027-065, SITUATED AT PAPAIKOU, SOUTH HILO, ISLAND OF HAWAII, TO PROVIDE PUBLIC PEDESTRIAN ACCESS TO THE BEACH AT PAPAIKOU. WHEREAS, the beach at Papaikou is one of the few sand beaches on the coast north of Hilo, where the public can safely access the ocean; and WHEREAS, the beach at Papaikou is used and enjoyed by many residents of the island of Hawai`i for surfing, fishing, diving, swimming, `opihi picking, outdoor recreation, picnicking, spending time in nature, and other rights traditionally and customarily practiced by native Hawaiians; and WHEREAS, the beach at Papaikou is public property up to the high wash of the waves, as defined in Hawai`i law; and WHEREAS, for decades the public has accessed the beach at Papaikou by first traversing over Mill Road, identified as Tax Map Key (3) 2-7-027-065, before descending to the beach via a trail that crosses over the property identified as Tax Map Key (3) 2-7-004-118; and WHEREAS, the current owners of the properties identified as Tax Map Keys (3) 2-7-027-065 and (3) 2-7-004-118 assert that public access to the beach at Papaikou via the beach trail is available only with their consent; and WHEREAS, the current owners of the properties identified as Tax Map Keys (3) 2-7-027-065 and (3) 2-7-004-118 have imposed restrictions on the use of the path, including limitation of hours, and occasionally denying use of the trail for periods of time; and WHEREAS, the public's right to use the beach at Papaikou cannot be exercised without overland access; and WHEREAS, it is in the public interest to guarantee public access to the beach at Papaikou by securing an unobstructed, perpetual, and non-exclusive right-of-way to the beach at Papaikou; and WHEREAS, pursuant to Chapter 101 and Sections 46-1.5(6), 46-61, and 46-62, 115-2, and 115-6 of the Hawai`i Revised Statutes, the County of Hawai`i has the duty and authority to exercise the power of eminent domain to condemn private property for a public use such as beach access; and WHEREAS, pursuant to Section 101-13 of the Hawai`i Revised Statutes, a condemnation action must be authorized by a resolution of the County Council; now, therefore, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII that it is in the public interest to acquire a public right of way to the beach at Papaikou, to wit: a perpetual, unobstructed, and non-exclusive easement for public pedestrian ingress and egress through that certain private property identified as Tax Map Key (3) 2-7-027-065 and Tax Map Key (3) 2-7-004-118; the metes and bounds descriptions of the easements to be taken are detailed on Exhibits "A" and "B," attached hereto; furthermore, the County of Hawai`i will be responsible for the maintenance of the easement over Tax Map Key (3) 2-7-027-065 and Tax Map Key