HomeMy WebLinkAboutRES 567 Draft 01 2024-2026A RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING CERTAIN PORTIONS OF TAX MAP KEY NOS. (3) 1-5-009:012 AND 058, SITUATED AT KEONEPOKO IKI, PUNA, FOR
THE CONSTRUCTION AND IMPROVEMENT OF GOVERNMENT BEACH ROAD, A PUBLIC ROADWAY.
WHEREAS, pursuant to Hawaiʻi Revised Statutes, Sections 46-1.5(6), 46-61, and 101-2, the County has the authority to exercise the 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, the County is proceeding with a roadway construction improvement project to improve and widen Government Beach Road, which is a County owned public roadway; and
WHEREAS, Lum Family Enterprises, LLC, (hereinafter, “Lum Enterprises”) owns the property identified as certain portions of Tax Map Key Nos. (3) 1-5-009:012 and 058, containing approximately
3.74 acres of private property, situated in Keonepoko Iki, Puna (hereinafter, the “Property”), identified as Roadway Lot 1-B and Roadway Lot 2-B and more particularly described in “Exhibit
A”, which is attached hereto and incorporated herein by reference; and
WHEREAS, the Department of Public Works (hereinafter, “DPW”) sought to acquire the Property for the improvement and widening of Government Beach Road; and
WHEREAS, DPW was unable to reach an agreement with Lum Enterprises for the acquisition of the Property; and
WHEREAS, DPW deems it necessary and advisable to condemn the Property for a public purpose and use, to wit: for the improvement and widening of Government Beach Road; and
WHEREAS, Section 101-13 of the Hawaiʻi Revised Statutes requires that the Council authorize, through resolution, a condemnation action by the County and that the resolution “be published
in a newspaper with the ayes and noes, at least one day (Sundays and legal holidays excepted), before final action upon it”; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAIʻI that, pursuant to and in accordance with sections 46-1.5(6), 46-61, 101-2, and 101-13 of the Hawaiʻi Revised Statutes, the Corporation
Counsel is hereby authorized and directed to initiate proceedings in eminent domain, as provided by law, for the taking, acquisition, and condemnation of the aforesaid private properties
for the purposes hereinabove described.
BE IT FURTHER RESOLVED that in the process of said proceedings in eminent domain, the Corporation Counsel is hereby authorized to negotiate terms of settlement, subject to the approval
of the court before which such proceedings are conducted.
BE IT FURTHER RESOLVED that the Director of Finance is hereby authorized to initiate any funding mechanisms required for the acquisition of the Property.
BE IT FINALLY RESOLVED that the County Clerk is directed to transmit a copy of this resolution to the Honorable C. Kimo Alameda, Mayor of the County of Hawai‘i; Diane T. Nakagawa, Director
of Finance; Wesley R. Segawa, Director of Public Works; Sinclair Salas-Ferguson, Deputy Corporation Counsel; and Wayland Lum, Lum Family Enterprises, LLC, 44-647 A Kaneohe Bay Drive,
Kaneohe, HI 96744.
Dated at _____________, Hawai‘i, this ______ day of ___________________, 20___.
INTRODUCED BY:
_______________________________________
COUNCIL MEMBER, COUNTY OF HAWAI‘I
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date: