HomeMy WebLinkAboutDIG Eminent Domain RES 732-20 2018-2020 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
(3) 2-7-004-118, to maintain the easement in a condition suitable for pedestrian travel; liability
and any restrictions in relation to the easement that traverses Tax Map Key (3) 2-7-027-065 and
Tax Map Key (3) 2-7-004-118 will be allocated as provided by law.
BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawai`i
be and is hereby authorized and empowered to initiate proceedings in eminent domain, as
provided by law, for the taking, acquisition, and condemnation of the aforesaid private property.
BE IT FURTHER RESOLVED that in the process of said proceedings in eminent
domain, the Corporation Counsel be and is hereby authorized and empowered to negotiate terms
of settlement, subject to the approval of the court before which such proceedings are prosecuted.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to
initiate any funding mechanisms required for the acquisition of said public access easements.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawai`i is directed to
transmit copies of this resolution to: (1) the property owners of Tax Map Key (3) 2-7-027-065
and Tax Map Key (3) 2-7-004-118, to wit: Papaikou Landing, Inc., c/o James Waugh, P.O.
Box 4697, Station C, Calgary, Alberta, Canada; (2) the Honorable Harry Kim, Mayor; (3) David
Yamamoto, Director of the Department of Public Works; (4) Deanna Sako, Director of the
Department of Finance; and (5) Joseph K. Kamelamela, Corporation Counsel.
Introduced by:
VALERIE T. POINDEXTER
Council Member
I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the
Council of the County of Hawai`i at its meeting held on October 21, 2020, by the following
Aye/No/Absent/Excused vote:
Ayes: Council Members Chung, David, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Poindexter, Richards, Villegas,
and Acting Chair Eoff—9.
Noes: None.
Absent: None.
Excused: None.
County Clerk
County of Hawai`i
Hawai`i County is an Equal Opportunity Provider and Employer
(Hawai`i Tribune Herald—October 30, 2020)
(West Hawai`i Today—October 30, 2020)
COUNTY OF HAWAPI
STATE OF HAWAII
RESOLUTION NO.732-20
AFFIDAVIT OF PUBLICATION AUTHORIZING PROCEEDINGS' IN EMINENT DOMAIN
FOR THE ACQUISITION OF A PERPETUAL,UNOBSTRUCTED, ;
NON-EXCLUSIVE EASEMENT FOR PUBLIC PEDESTRIAN
INGRESS AND EGRESS,THROUGH PRIVATE PROPERTY,
IN THE MATTER OF } BEING A PORTION OF TAX MAP KEY NUMBERS:(3)2-7-
RESOLUTION NO.732-20 } 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 Hawaii for
surfing, fishing, diving, swimming, 'opihi picking,
STATE OF HAWAII } outdoor recreation,picnicking,spending time in nature,
and other rights traditionally and customarily practiced
}SS. by native Hawaiians;and
City and County of Honolulu } WHEREAS, the beach at Papaikou is public
property up to the high wash of the waves,as defined
in Hawaii law;and
WHEREAS,for decades the public has accessed the
beach at Papaikou by first traversing over Mill Road,
OC.
Date:
NOV 0 3 2020 # Pages: 1 identified as Tax Map Key(3) 2-7-027-065, before
descending to the beach via a trail that crosses over
Notary me:COLLEEN E.SORANAKA First Judicial Ci CCu it the property identified as Tax Map Key(3)2-7-004-118;
and
4 4 5 WHEREAS, the current owners of the properties
Description: Affidavit of � identified as Tax Map Keys (3) 2-7-027-065 and
.
1 O
24-004-118 assertzt4atpulic
Publicationaccesstn thebea .
:� at Papaikou�via the beach;trail is availablet only.Yf witl
, k 2
their consent;acid
WHEREAS, the current owners of the`properties
NOV .. 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
Notary Signature Date € a 4 - �4 occasionally denying use of the trail for periods of
41
time;and
WHEREAS,the public's right to use the beach at
Papaikou cannot be exercised'without overland access;
and
Lisa Sakakida being duly sworn,deposes and says that she is a clerk,duly,huth e�d a �°` WHEREAS,it in the public interest to guarantee
to execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu public access to the beach at Papaikou by securing an
unobstructed,perpetual,and non-exclusive right-of-way
Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii to the beach at Papaikou;and
� :
Tribune-Herald, WHEREAS,pursuant to Chapter101 and Sections
that said newspapers are newspapers of general circulation in the State 46-1.5(6), 46-61, and 46-6 , 115-2,and 115-6 of
of Hawaii,and that the attached notice is true notice as was published in the the Hawaii Revised Statutes, the County of Hawaii
has the duty and authority to exercise the power of
eminent domain'to condemn private property for a
Honolulu Star-Advertiser 0 times on: public use such as beach access;and
WHEREAS, pursuant to Section 101-13 of the
Hawaii Revised Statutes,a condemnation action must
be authorized by a resolution of the County Council;
Midweek 0 times on: now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF UAWAI'l that it is in the public interest to acquire a
The Garden Island 0 times on: 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
Hawaii Tribune-Herald 1 times on: (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,"
10/30/2020 attached hereto furthermore, the County of Hawaii
West Hawaii Today 0 times on: will be responsible for the maintenance of the°
easement over Tax Map Key(3)2-7-027-065 and Tax
Map Key(3)2-7-004-118,to maintain the easement
in a condition suitable for pedestrian travel; liability
Other Publications: 0 times on: and any restrictions in relation to the easement that
traverses Tax Map Key(3)2-7-027-065 and Tax Map
Key(3)2-7-004-118 will be allocated as provided by
And that affiant is not a party to or in any way interested in the above entitled matter. law.
RE 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 provided by law,for the taking,
Lisa Sakakida3acquisition,and condemnation of the aforesaid private rg A10t(er4ww---
property.
S scrib to and efore me thisV.,OdaA*�� BE IT FURTHER RESOLVED that in the process,of
y of A.D.20 said:proceedings in eminent domain,the Corporation
Counsel be and is hereby authorized and empowered
to negotiate terms of settlement,-subject to the
approval of the court before'which such proceedings
Colleen E.Soranaka,Notary Public of the First Judicial Circuit State of H w411 are prosecuted.
My commission expires:Jan 06 2024
��a BE IT FURTHER RESOLVED that the Director of
Finance is hereby authorized to initiate any funding
' mechanisms required for the acquisition of said public
Fe i
2c 4t' R4 +
Ad# 00013 00751 'y a
ra' �` `��� � ., I C S P NO.: access easements.
BE IT FURTHER RESOLVED that the Clerk of the
5 t ' i County of.Hawaii is directed to transmit copies of this
resolution to:(1)the property owners of Tax Map Key
yy., a '0)0-263 (3)2-7-027-065 and Tax Map Key:(3)2-7-004-118,
k to wit:Papaikou Landing,Inc.,c/o lames Waugh,P.O.
' .R . Box 4697,Station C,Calgary,Alberta,yCanada;(2)the
•9m
Honorable Harry Kim, Ma 3 or; David Yamamoto,
� � ' y ( )
Director of the Department of Public' Works; (4),
6j Deanna Sako,Director of the Department of Finance;
and(5)Joseph K.Kamelamela,Corporation Counsel.
Introduced'by:
VALERIE T.POINDEXTER
Council Member
I HEREBY CERTIFY that the foregoing resolution was
duly;passed on first reading by the Council of the
County of Hawaii at its meeting held on October 21,
2020,by the following Aye/No/Absent/Excused vote:
Ayes: Council Members Chung,David,
Kaneali'i-Kleinfelder,'Kierklewicz,,
Lee Loy,Poindexter,Richards,
Villegas,and Acting Chair Eoff-9
Noes: None.
Absent: None.
Excused: None.
County Clerk
County of Hawai'l
Hawaii County's an Equal Opportunity Provider and
Employer
(HTH1300751 10/30/20)
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO.732-20
AUTHORIZING PROCEEDINGS IN EMINENT DOMAIN
AFFIDAVIT OF PUBLICATION FOR THE ACQUISITION OF A PERPETUAL,UNOBSTRUCTED,
NON-EXCLUSIVE EASEMENT FOR PUBLIC PEDESTRIAN
INGRESS AND EGRESS THROUGH PRIVATE PROPERTY,
IN THE MATTER OF } BEINGA PORTION OF TAX MAP KEY NUMBERS;(3)2-7-
RESOLUTION NO.732-20 } 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 Papalkou is used and
} enjoyed by many residents of the island of Hawai'i for
surfing, fishing, rdiving,' swimming, 'opihi picking,
STATE OF HA`VAII } outdoor recreation,picnicking,spending time in nature,
and other rights traditionally and customarily practiced
}SS. by native Tlawaiians;and
WHEREAS the beach at Papaikou is public
City and County of Honolulu } property up to the high wash of the waves,as defined
in Hawaii law;and
WHEREAS,for decades the public has accessed the
NOV # Pages: 1 beach at Papaikou by first traversing over Mill Road,
0 3 2020 identified as Tax Map Key(3) 2-7-027-065, before
OC. ate. descending to the beach`via a'trail that crosses over
the property identified as Tax Map Key(3)2-7-004-118;
Notary N me:COLLEEN E.SORANAKA First Judicial Ci rcu it and
Doc
. eserition: avit of
` WHEREAS, the current owners of the properties
,1
Affididentified as Tax Map Keys (3) 2-7-027-065 and
�� (3)2-7-004-118 assert that public access to the beach
a� f F�
'� ° � ee ���l�f a�
Publication ti4- °� at Papaikou via the beach trail is available only with
R, their consent;and
- O °` WHEREAS, the current owners of the properties
0 V 0 2-020 -��, -( _ 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
Notary Signature Date `�� w 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;
ry and
Lisa Sakakida being duly sworn,deposes and says that she is a clerk,duly authd i�erd WHEREAS,it is in the public interest to guarantee
to execute this affidavit of Oahu Publications,Inc.publisher of The Honolulu public access to the beach at Papaikou by securing an
unobstructed,perpetual,and non-exclusive right-of-way
Star-Advertiser,MidWeek,The Garden Island,West Hawaii Today,and Hawaii to the beach at Papaikou;;and
Tribune-Herald, WHEREAS,pursuant to Chapter 101 and Sections
that said newspapers are newspapers of general circulation in the State 46-1,5(6), 46.69.1,,and 46-62, 115-2, and 115-6 of
of Hawaii,and that the attached notice is true notice as was published in the the Hawaii Revised Statutes, the County of Hawal'i
has the duty and authority to exercise the power of
eminent domain to condemn private property for a
Honolulu Star-Advertiser 0 times on: public use such as beach access;and
WHEREAS, pursuant to Section 101-13 of the
Hawai'l Revised Statutes,a condemnation action must
be authorized by a resolution of the County Council;
Midweek 0 times on: now,therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that it is in the public interest to acquire a
The Garden Island 0 times on: 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 at Tax Map Key'
(3)2-7-027-065 and Tax Map Key(3)12-7-004-118;
Hawaii Tribune-Herald 0 times on: the.metes and bounds descriptions of the easements
to be taken are detailed on Exhibits "A" and "B,n
attached hereto; furthermore, the County of Hawaii
West Hawaii Today 1 times on: will be responsible for the maintenance of the
easement over Tax Map Key(3)2-7-027-065 and Tax
Map Key(3)2-7-004-118,to maintain the easement
10/30/2020 in a condition suitable for pedestrian travel; liability
Other Publications: 0 times on: and any restrictions in relation to the easement that
traverses Tax Map Key(3)2-7-027-065 and Tax Map
Key(3)2-7-004-118 will be allocated as provided by
And that affiant is not a party to or in any way interested in the above entitled matter. law.
® 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 provided by law,for the taking,
Lisa Sakakida acquisition,and condemnation of the aforesaid private bIA60e'
Awl property.
S ed to and s fore me thisda of AD20 ® BE IT FURTHER'RESOLVED that in the process of
y . . said proceedings in eminent domain,the Corporation
Coun I' is hereb�suthonzed and empowered
''
to n of%,,,Pd
terms oYettlerent subject to
aro al „ ., court eine which such proceedings
Colleen E.Soranaka,Notary Public of the First Judicial Circuit,State,of Halaii', � are prosecuted.
My commission expires:Jan 06 2024 ",,� ��`�� BE IT FURTHER RESOLVED that the Director"of
3
Finance is hereby authorized to initiate any funding
mechanisms required for the acquisition of said public
Ad# 0001300907 ` `" 4., ICSP NO.' access easements.
a„ '6R BE IT FURTHER
,';j{�. }}s .� �', RESOLVED that the Clerk of the
!Ce. ° � ,i i
P County of Havrai r is directed to transmit copies of this
resolution to:(1)the property owners of Tax Map Key
_ (3)2-7-027-065 and Tax Map Key(3)2-7-004-118,
'Q,. '
to wit:Papaikou Landing,Inc.,c/o James Waugh,P.O.
Box 4697,Station C Calgary,Alberta,Canada;(2)the
Honorable Harry Kim, Mayor; (3) David Yamamoto,
Director of the Department of Public Works; (4)
Deanna Sako,Director of the Department of Finance;
and(5)Joseph K.Kamelamela,Corporation Counsel.
4
Introduced by:
VALERIE T.POINDEXTER
Council Member
I HEREBY CERTIFY that the foregoing'resolution was
duly passed on first reading by the Council of the
County of Hawaii at its.meeting held on October 21,
2020;by the following Aye/No/Absent/Excused vote:
- Ayes: Council Members Chung,David,'
Kaneall'i-Kleinfelder,Kierkiewicz,
Lee Loy,Poindexter,Richards,
Villegas,'and Acting Chair'Eoff-9.
Noes: None.
Absent; None.
Excused: None.
County Clerk
County of Hawaii
Hawaii County is an Equal Opportunity Provider and
Employer
(WHT1300907 10/30/20)
u