HomeMy WebLinkAboutDIG Eminent Domain RES 633-24 (2022-2024) COUNTY OF HAWAI`I
STATE OF HAWAI`I
RESOLUTION NO. 633-24
A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY
EMINENT DOMAIN OF A PORTION OF TAX MAP KEY NUMBER(3) 9-5-007:016,
SITUATED AT KAHILIPALI`IKI AND KAHILIPALINUI AHUPUA`A, DISTRICT OF
KA`U, ISLAND AND COUNTY OF HAWAI`I, STATE OF HAWAI`I, FOR THE NA'ALEHU
WASTEWATER TREATMENT PLANT.
WHEREAS,the Administrative Order on Consent entered with the U.S. Environmental
Protection Agency, Docket No. SDWA-UIC-AOC-2017-0002, revised and effective as of
February 14, 2024, requires the County to provide wastewater treatment that is protective of
surface water and underground sources of drinking water for 194 properties in Na`alehu, and to
close the Na`alehu large capacity cesspools ("LCCs") no later than December 31, 2027; and
WHEREAS, the October 2018 Preliminary Engineering Report, August 2023 Revised
Preliminary Engineering Report, and September 2024 Draft Environmental Information
Document have identified a portion of that land covered by Tax Map Key No. (3) 9-5-007:016 as
the preferred location of the Na`alehu Wastewater Treatment Plant; and
WHEREAS, Ala Kahakai Trail Association ("ATA") is the fee simple owner of real
property ("Property") situated at Kahilipali`iki and Kahilipalinui ahupua`a, District of Ka`u,
Island, County, and State of Hawai`i, identified by Tax Map Key Number(3) 9-5-007:016; and
WHEREAS, ATA obtained ownership of the above-referenced land through an
agreement with Legacy Land Conservation Program, ("LLCP") which included a conservation
easement; and
WHEREAS, funding for the purchase of the above-referenced land by ATA, in addition
to LLCP, came from the County of Hawai`i's Public Access, Open Space, and Natural Resources
Preservation Fund and other private sources; and
WHEREAS, ATA and the County of Hawai`i ("County") entered into an Agreement
Regarding the Na`alehu Wastewater Treatment Plant" on December 16, 2019 (see Exhibit"A");
and
WHEREAS, the County and ATA agreed to exclude 28.739 acres, more or less, from the
Conservation Easement placed on the above-referenced property, as a potential location for the
Na`alehu Wastewater Treatment Plant("Project Site"); and
WHEREAS, the County, in order to comply with the United States Environmental
Protection Agency regulations and the above-referenced Administrative Order on Consent
pursuant to 40 CFR §144.88, which requires the elimination of LCCs, seeks to acquire a portion
of the Property for the construction of a wastewater treatment plant (the "Project") to close
existing LCCs and address the needs of the Na`alehu community; and
WHEREAS, the Project will require 1)the acquisition by County of the 28.739 acres,
more or less,plus easement on the mauka portion of Waikapuna as shown on Exhibit"B"
attached hereto and made a part hereof, and together with temporary use of any adjacent lands
necessary for construction purposes, including but not limited to temporary easements for
construction and operations, and storage and disposal areas, and 2)the nonexclusive use of any
other reasonable and necessary easement routes maintained by ATA that allow passage through
the Property to access the Project Site; and
WHEREAS, the Project has been determined by the County as providing a public use and
purpose that benefits the people of the County; and
WHEREAS, it is necessary for the County to take, acquire, and condemn the Project Site
to complete the Project; and
WHEREAS, Section 101-13 of the Hawai`i Revised Statutes requires that a
condemnation action by the County be authorized by a resolution of the Council; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI`I that pursuant
to section 101-13 of the Hawai`i Revised Statutes, the Corporation Counsel of the County 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 Project Site, which is that portion of the
Property identified by Tax Map Key Number (3) 9-5-007:016, containing an area of 28.739
acres, more or less, situated at Kahilipali`iki and Kahilipalinui ahupua`a, District of Ka`u, Island
and County of Hawai`i, as more specifically shown on the attached Exhibit"B."
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 in accordance with the approval of the Court before which such proceedings are
prosecuted.
BE IT FINALLY RESOLVED that the County Clerk shall transmit copies of this
resolution to the Office of the Mayor; Department of Environmental Management; Office of the
Corporation Counsel; Department of Finance; and Ala Kahakai Trail Association.
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 October 16, 2024, by the following
Aye/No/Absent/Excused vote:
Ayes: Council Members Evans, Kagiwada, Kaneali`i-Kleinfelder,
Kierkiewicz, Lee Loy, Villegas, and Chair Kimball—7.
Noes: Council Member Inaba— 1.
Absent: None.
Excused: Council Member Galimba— 1.
County Clerk
County of Hawai`i
(Hawai`i Tribune Herald—October 25, 2024)
(West Hawai`i Today—October 25, 2024)
Hawai`i County is an Equal Opportunity Provider and Employer
•
COUNTY OF HAWAII -l
' STATE OF HAWAII •
• RESOLUTION NO.633-24
1 A RESOLUTION AUTHORIZING THE ACQUISITION OF,
AFFIDAVIT OF PUBLICATION PRIVATE PROPERTY BY EMINENT DOMAIN OF A
, PORTION OF TAX MAP KEY NUMBER(3)9.5.007:016„
SITUATED AT KAHILIPALI'IKI AND KAHILIPALINUI,
IN THE MATTER OF } i AHUPUA'A, DISTRICT OF KA'U, ISLAND AND COUNTYt
RESOLUTION NO.633-24 } , OF HAWAII, STATE OF HAWAII, FOR THE NA'ALEHU
WASTEWATER TREATMENT PLANT.
} WHEREAS, the Administrative Order on Consent'
entered with the.U.S.Environmental Protection Agency,
} . Docket No.-SDWA-UIC-AOC-2017.0002, revised and
} effective as of February 14,2024,requires the County
to provide wastewater treatment that Is protective of
} , surface water and underground sources of drinking,
water for 194 properties in Na'alehu,and to close tho
STATE OF HAWAII } 1 Na'alehu large capacity cesspools ("LCCs") no later
}SS. than December 31,2027;and
'WHEREAS,the October 2018 Preliminary Engineering
City and County of Honolulu } I Report,August 2023 Revised Preliminary Engineering'
Report, and September 2024 Draft Environmental
.�Doc. Date: t nGtC% e # Pages: I Informland coovered by Tax Map Key No.(3)9-5 007 016tion Document liave identified a portion of kas
1 the preferred location of the Na'alehu Wastewater
Notary Name: Raynette R.Fong 1,5+ ClrCult Treatment Planhand
WHEREAS,Ala Kahakai Trail Association("ATA")is,
\\\��` "1"El/����,/j the fee simple owner of real property ("Property"),
Doc. Description: d (� �\ ��TE �?�.,,� situated at Kahllipali'iki and Kahilipalinui ahupua'a,
_ - fL I;�` `Ovn �� ® District of Ka'u,Island,County,and State of ,'
p� TI o ez- rL ; identified by Tax Map Key Number(3)9-5-007:016;
Io? � a and -
WHEREAS,ATA obtained ownership of the above-,
(`_Ifirr sea95®123 ) *_ , referenced land through an agreement with Legacy
�p G Land Conservation Program,("LLCP")which included a
art �� U I0f1S--)„4-' N}. V s Lt ` conservation easement;and
V / J i �`'k / e• WHEREAS,funding for the purchase of the above-'
Nota .4:.nature Q Date j '9�` •O F' Q� referenced land by ATA,in addition to LLCP,came from
��"�oF11a�\\��� I the County of Hawaii's'Public Access, Open Space,
\ I and Natural Resources Preservation Fund and other
private sources;and
Kimberly Masu being duly sworn,deposes and says that she is a clerk,duly WHEREAS,ATA and the County of Hawaii("County')
entered Into an Agreement Regarding the Na'alehu
authorized to execute this affidavit of Oahu Publications,Inc.publisher of The Wastewater Treatment Plant on December 16, 2019
Honolulu Star-Advertiser,Mid Week,The Garden Island,West Hawaii Today,and (see ERE "A");and
WHHEREAS,the County and ATA agreed to exclude
Hawaii Tribune-Herald,that said newspapers are newspapers of general circulation in 28.739 acres,,more or,less, from the Conservation
Easement placed on the.above-referenced property,as
the State of Hawaii,and that the attached notice is true notice as was published in the 1 a potential location for.the 'Na'alehu•Wastewater
I Treatment Plant("Project Site");and
Honolulu Star-Advertiser 0 times on: WHEREAS,the County,in order to comply with the
United States Environmental Protection Agency
regulations and the above-referenced Administrative
Order on Consent pursuant to 40 CFR§144.88,which
Midweek 0 times on: requires'the elimination of LCCs,seeks to acquire a
portion of the Property for the construction of a
wastewater treatment plant (the "Project") to close
The Garden Island 0 times on: existing LCCs and address the needs of the Na'alehu
community;and
WHEREAS,the Project will require 1)the acquisition
by County of the 28.739 acres, more or less, plus
Hawaii Tribune-Herald 1 times on: easement on the mauka portion of Waikapuna as
shown on Exhibit"B"attached hereto and made a part
10/25/2024 hereof, and.together with temporary use of any
adjacent,lands necessary for construction purposes,
West Hawaii Today 0 times on: including but not limited to temporary easements for
construction and operations,and storage and disposal '
areas, and 2) the nonexclusive use of any other '
reasonable and necessary easement routes maintained
Other Publications: 0 times on: by ATA that allow passage through the Property to I
access the Project Site;and
WHEREAS,the Project has been determined by the '
And that affiant is not a party to or in any way interested in the above entitled matter. County as providing a public use and purpose that
benefits the people of the County;and
AtkilStk WHEREAS, it is necessary for the County to take,
acquire,and condemn the Project Site to complete the
Kimberly Masu Project;and
WHEREAS,Section 101-13 of the Hawaii Revised'
Subscribed to and sworn before me this�ff day of ®cv A.D.2a�'' Statutes requires zedtb condemnationronthen obu the
```,,,�}I1ir,s�",,, County be authorized by a resolution of Council;
,, now,therefore,
41116•
' ^ `,,`,e1 T E R ,o, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY,
C_ ., �•''��'••• OF HAWAII that pursuant to section.101-13 of the
Notary P .of First Judicial Circuit,S e Hawaii Qr 0 --, Hawaii Revised Statutes,the Corporation Counsel of,
My coin .n expires: �C= p?A� the County be.and..is hereby authorized and
• $ ; C = empowered to initiate proceedings in eminent domain,
-* i 95-123 1 * = as provided by lavi,for the taking, acquisition, and:
Ad# 0001471815 - t ALy e • leSP.NO.: condemnation of the Project Site,which is.that portion,
N' ®LS i of the Property identified by Tax Map Key Number(3)9-
Raynette R. Fong � � •.•��_l-`_`� 5-007I016,containing an area of 28.739 acres,more
I , situated at
Public,
nty of
My Co 11SS 011 Expires:Stated Hawaii ,//S� (O F%tt " \``�` Hav ahuae iaas District
specifically ashown o'u, Island n the and ttached cched
Exhibit"B."
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 In accordance with
the approval of the Court before which such
proceedings are prosecuted _ - .
BE . FINALLY RESOLVED that-the County Clerk
shall transmit copies of this resolution to the Office oe
the Mayor,Department of Environmental Management;'
Office of the Corporation Counsel; Department of
Finance;and Ala Kahakai Trail Association.
Introduced by: ' •
HOLEKA GORO INABA
Council Member
I HEREBY CERTIFY that the foregoing resolution was
duty passed on first reading by the Council of the
County of Hawaii at its meeting held,on October 16,..
2024,by the following Aye/No/Absent/Excused vote:
Ayes: Council Members Evans,Kagiwada,
Kaneali'i-Kleinfelder,Kierkiewicz,Lee Loy,
Villegas,and Chair Kimball-7.
Noes: Council Member Inaba-1.
Absent: None.
Excused:Council Member Galimba-1.
County Clerk
County of Hawaii
Hawaii County is an Equal Opportunity
Provider and Employer,
(HTH1471815 10/25/24)
• -� COUNTY OF HAWAI'I - -_ -
1 STATE OF HAWAII '
RESOLUTION NO.633-24
AFFIDAVIT OF PUBLICATION A RESOLUTION AUTHORIZING THE ACQUISiTiON OF
PRIVATE PROPERTY BY EMINENT DOMAIN OF A,
PORTION OF TAX MAP KEY NUMBER(3)9-5-007:016,'
IN THE MATTER OF ) SITUATED AT KAHIUPAU'IKI AND KAHIUPAUNUI
RESOLUTION NO.633-24 } AHUPUA'A, DISTRICT OF KA'U, ISLAND AND COUNTY
OF HAWAII, STATE OF HAWAII, FOR THE NA'ALEHU
} WASTEWATER TREATMENT PLANT.
} r
WHEREAS, the Administrative Order on Consent'
} entered with the U.S.Environmental Protection Agency,
Docket No. SDWA-UIC-AOC-2017-0002, revised and
} effective as of February 14,2024,requires the County
} to provide wastewater treatment that Is protective of
STATE OF HAWAII surface water and underground sources of drinking.
} , water for.194 properties,In Na'alehu,and to close the
}SS. 1 Na'alehu large capacity cesspools ("LCCs") no later;
than December 31,2027;and
City and County of Honolulu } WHEREAS,the October 2018 Preliminary Engineering)
Report,August 2023 Revised Preliminary Engineering,
# Pages: `1,— Report, and September 2024 Draft Environmental
Doc. Date: aYl information Document have identified a portion of that.
i 1 land covered by Tax Map Key No.(3)9-5-007:016 as
Notary Name: Raynette R.Fong 1 Circuit the preferred location of the Na'alehu Wastewater'
��++ ] ,Treatment Plant and I
Doc. Description: P\Wi ck\i t4 ` \\1N111I1111///// , WHEREAS,Ala Kahakai Trail Association("ATA")is!
�\ ` \\\ ET TE�4,, I the fee simple owner of real property ("Property");
i� situated at Kahllipali'iki and Kahilipalinui ahupua'a,
P�� 1 or-. �� �"" District of Ka'u,Island,County,and State of Hawai'i,'
•_ ktir
®1' 0- ' I ideanntified by Tax Map Key Number(3)9-5-007:016;
( ss-i
WHEREAS,ATA obtained ownership of the above-
* �3 referenced land through an agreement with Legacy
1®— " �� a, * I Land Conservation Program,("LLCP")which included a
s L1 1 conservation easement;and
Nota Si ature Date %�`�T�o`•,,.n�•..���®�o�� he above-
i referreenced land by ATA,EREAS, Inr addition o the aLLCP,se of came from
�''-4S%/® IIF H9�\\�, nd Nat rralN- the County of Resources PreslTs ervatic on Fu d Open
and other
at
Kimberly Masu being duly sworn,deposes and says that she is a clerk,duly privae sources;and
WHEREAS,ATA and the County of Hawaii('County")
authorized to execute this affidavit of Oahu Publications,Inc.publisher of The ' entered Into an Agreement Regarding the Na'alehu
Honolulu Star-Advertiser,Mid Week,The Garden Island,West Hawaii Today,and Wastewater Treatment Plant on December 16,2019
(see Exhibit"A");and
Hawaii Tribune-Herald,that said newspapers are newspapers of general circulation in WHEREAS,the County and ATA agreed to exclude
1 28.739 acres, more or less, from the Conservation
the State of Hawaii,and that the attached notice is true notice as was published in the , Easement placed on the above-referenced property,as
I a potential location for the Na'alehu Wastewater
Honolulu Star-Advertiser 0 times on: Treatment Plant("Project Site");and
WHEREAS,the County,In order to comply with the
United States Environmental Protection Agency
Midweek 0 times on: regulations and the above-referenced Administrative
Order on Consent pursuant to 40 CFR§144.88,which
requires the elimination of LCCs,seeks to acquire a
portion of the Property for the construction of a
The Garden Island 0 times on: 1 wastewater treatment plant (the "Project") to close
existing LCCs and address the needs of the Na'alehu '
community;and
WHEREAS,the Project will require 1)the acquisition
Hawaii Tribune-Herald 0 times on: by County of the 28.739 acres, more or less, plus
easement on the mauka portion of Walkapuna•as
shown on Exhibit"B"attached hereto and made a part
hereof, and together with temporary use of any
West Hawaii Today 1 times on: adjacent lands necessary for construction purposes,.
Including but not limited to temporary easements for
10/25/2024 i construction and operations,and storage and disposal
areas, and 2) the nonexclusive use of any other
Other Publications: 0 times on: reasonable and necessary easement routes maintained;
by ATA that allow passage through.the Property to:
And that affiant is not a party to or in any way interested in the above entitled matter. access R Project Site;and
� '�' --1 WHEEREE AS,the Project has been determined by the'
C ICJ v'./ �l County as providing a public use and purpose that;.
i benefits the people of the County;and
WHEREAS, it is necessary for the County to take,
Kimberly Masu i acquire,and condemn the Project Site to complete the;
Project;and
Subscribed to and sworn before me this.W da of 0( /� A.D.20` �' WHEREAS,Section 101-13 of the Hawaii Revised'
y Statutes requires that a condemnation action by thet
County be authorized by a resolution of the Council;I
ai•, u 'i ` Smna. . `\\\\\\�ttttilfl/////`,, I now,BE therefore,RESLVED BY THE COUNCIL OF THE COUNTY`
o\ TTEIT
Nota 1Ilic of the First Judicial Circuit,S:te of Hawaii ����� ,'°. OF'HAWAII that pursuant to section 101-13 of the.
My c .sion expires: f• ® % , Hawai'I Revised Statutes,the Corporation Counsel of,
_��f ,� the County be and is hereby authorized and
a rite A$� empowered to Initiate proceedings in eminent domain,
Ad# 0001471844 - * ( 85a923 : Ie Si,.NO.: as provided by law,for the taking,acquisition, and
—
_ condemnation of the Project Site,which is that portion'
Raynette R. Fong (f 1 �✓ril L I° i o Z of the Property identified by Tax Map Key Number(3)9-
Notary Public,State of Hawaii 5-007:, 6,containing an area of 28.739 acres,more
�„.�; r .....—,.+• Q' �.. or less, situated at Kahilipaillki and Kahilipalinui
My Expires p 42027 .1/ ��. OF IV?' �\ 1 ahupua'a, District of Ka'u, island and County off
`s10piI Newell, as more specifically shown on the attached
���4/IIIII1111U�\\\\ ' Exhibit B." r
. BE IT FURTHER RESOLVED that In the process of.
said proceedings in eminent domain,the Corporation
I Counsel be and Is hereby authorized and empowered
' to negotiate terms of settlement In accordance with'
the approval of the Court before which such
I
BE IT FINALLY RESOLVED that the County Clerk
shall transmit copies of this resolution to the Office of
the Mayor,Department of Environmental Management;
Office of the Corporation Counsel; Department of
Finance;and Ala Kahakal Trail Association.
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 Hawaii at its meeting held on October 16,
2024,by the following Aye/No/Absent/Excused vote:
Ayes: Council Members Evans,Kagiwada,
Kaneali l-Kleinfelder,Klerkiewiez,Lee'Loy,
Villegas,and Chair Kimball-7.
Noes: Council Member Inaba-1.
Absent: None.
Excused:Council Member Galimba-1.
County Clerk
County of Hawaii
Hawaii County is an Equal Opportunity
Provider and Employer •
(WHT1471844 10/25/24)