HomeMy WebLinkAboutDIG Eminent Domain RES 518-24 (2022-2024) COUNTY OF HAWAI`I
STATE OF HAWAI`I
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 HAWAI`I, 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 Hawai`i; 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 ("FIRS") 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 HAWAI`I that the
Council of the County of Hawai`i 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 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
properties.
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 Clerk of the County of Hawai`i is directed to
transmit copies of this resolution to: (1)the owner of the properties identified in Exhibit"A" as
Lot 2-B and Lot KL-1, to wit: Kapoho Land and Development Company, Limited, P.O. Box
374, Hilo, Hawaii, 96721; (2)the Honorable Mitch Roth, Mayor; (3) Stephen Pause, Director of
the Department of Public Works; (4) Diane Nakagawa, Director of the Department of Finance;
and (5) Sinclair Salas-Ferguson, Deputy Corporation Counsel.
Introduced by:
HOLEKA GORO INABA
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 June 5, 2024, by the following
Aye/No/Absent/Excused vote:
Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, and Chair Kimball—7.
Noes: None.
Absent: Council Members Galimba and Villegas—2.
Excused: None.
County Clerk
County of Hawai`i
(Hawai`i Tribune Herald—June 14, 2024)
(West Hawai`i Today—June 14, 2024)
Hawai`i County is an Equal Opportunity Provider and Employer
AFFIDAVIT OF PUBLICATION
IN THE MATTER OF
COUNTY OF HAWAPI - RESOLUTION NO. 5I8-24
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STATE OF HAWAII }
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City and County of Honolulu I
Doc. Date:74 # Pages: 1
Notary Name: COLLEEN E. SORANAKA First Judicial Circuit
Doc. Description: Affidavit of '
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Notary Signature Dale -
No. 9Li-263
Kimberly Masu being duly sworn, deposes and says that she is a clerk, duly,, � / �� - �;'S
authorized to execute this affidavit of Oahu Publications, Inc. publisher of The
Honolulu Star -Advertiser, MidWeek, The Garden Island, West Hawaii Today, and
Hawaii Tribune -Herald, that said newspapers are newspapers of general circulation in
the State of Hawaii, and that the attached notice is true notice as was published in the
Honolulu Star -Advertiser 0 times on:
MidWeek 0 times on:
The Garden Island 0 times on:
Hawaii Tribune -Herald 1 times on:
0611412024
West Hawaii Today 0 tunes on:
Other Publications:
0 tunes on:
And that afant is not a party to or in any way interested in the above entitled matter.
LNWIRl
Kimberly Masu1
crI e to ands e this' day of A.IJ. 20
Colleen E. Soranaka, Notary Public of the First Judicial Circuit, Stgte'dat ii' •,
My commission expires: Jan 06 2028 J C -
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No.90-263
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AFFIDAVIT OF PUBLICATION
IN THI- MATTER OF }
COUNTY OF HAWAII - RESOLUTION NO. 518-24
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STATE OF HAWAII }
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City and County of Honolulu }
Doc. Date: JUN 14 2024 # Pages: 1
Notary Name: COLLEEN E.SORANAKA First JudicialCIlCUit
Affldavitof `0,11iF,llf¢
Doc. Description: '
Publication '—
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JUN 17 2024 PUL3i iC
Notary Signature Date NO 90.263
Kimberly Masu being duly sworn, deposes and says that she is a clerk, duty , L s l'
authorized to execute this affidavit of Oahu Publications, Inc. publisher of The
Honolulu Star -Advertiser, MidWeek, The Garden Island, West Hawaii Today, and
Hawaii Tribune -Herald, that said newspapers are newspapers of general circulation in
the State of Hawaii, and that the attached notice is true notice as was published in the
Honolulu Star -Advertiser 0 times on:
MidWeek 0 times on:
The Garden Island 0 times on:
Hawaii Tribune -Herald 0 times on:
West Hawaii Today 1 tames on:
0611412024
Other Publications: 0 times on:
And "thataffiant is not a party to or in any way interested in the above entitled matter.
Kimberly Masu
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Sub to and swo a me this I�day of �► `� A.D. 2O
Colleen E. oranaka, Notary Public of the First Judicial Circuit, Gate ofawaii
My commission expires: Jan 06 2028 G '
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Ad 0001457873 ;' NOTARY 1�!
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