REP LAAC 042 2026-05-19 2024-2026

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REPORT OF THE LEGISLATIVE APPROVALS AND ACQUISITIONS COMMITTEE DATE: May 19, 2026 PLACE: Council Chambers Hilo, Hawaii TIME: 11:36 a.m. Council Chair and Members Hawaii County Council Hilo, Hawaii 96720 Re: Comm. No. 886/Res. No. 567-26 Your Committee on Legislative Approvals and Acquisitions, to which was referred Resolution No. 567-26, reports as follows: Resolution No. 567-26, transmitted by Public Works Director Wesley R. Segawa, via Communication No. 886, dated April 24, 2026, authorizes the acquisition of private property by eminent domain, being certain portions of Tax Map Key: 1-5-009:012 and 058, situated at Keonepoko Iki, Puna, for the construction and improvement of Government Beach Road, a public roadway. This resolution authorizes the Corporation Counsel to initiate proceedings for the taking, acquisition, and condemnation of private property for the improvement and widening of Government Beach Road. Deputy Corporation Counsel Sinclair Salas-Ferguson and Public Works Civil Engineer VI Melanie DeMello were present in chambers. Committee Member Dennis "Fresh" Onishi raised several questions, including whether prior negotiations had occurred with the landowner; whether it is common practice to acquire property equally from both sides of a roadway; whether approvals had been secured from other affected landowners; the likelihood of a legal challenge by the landowner; and whether additional eminent domain actions related to Government Beach Road are anticipated. Ms. DeMello informed your committee that the County currently has an existing ten -foot right-of-way in the subject area but requires an additional 40 feet to accommodate the planned improvements. She stated that the County has engaged in numerous discussions with the limited liability company landowner and has completed an appraisal; however, no agreement has been reached. Ms. DeMello further explained that while the County may in some cases acquire property from both sides of a roadway, this situation involves an existing encroachment that must be addressed to achieve proper road alignment for the proposed widening to 50 feet. She added that the current focus is on resolving this encroachment, and that if there are any future needs involving other properties the same will be brought before the Council at a later time. Mr. Salas-Ferguson provided additional content regarding the legal aspects of the matter. He explained that a site visit revealed a drainage ditch on the makai side of the roadway and noted that the County paved slightly beyond the existing right-of-way on the mauka side in 2014. He stated that the County has attempted to negotiate with the landowner since that time, but no agreement has been reached. As a result, the County must proceed with condemnation. LAAC Report No. 42