HomeMy WebLinkAboutREP LAAC 042 2026-05-19 2024-2026REPORT 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
LAAC-42 Page 2 May 19, 2026
Mr. Salas-Ferguson further advised that the County has the legal authority to undertake the taking,
and that this resolution authorizes Corporation Counsel to file an eminent domain action. He noted
that the landowner, who is represented by counsel, will have the opportunity to respond, and that
the court proceedings will primarily address the valuation of the property.
Your Committee on Legislative Approvals and Acquisitions is in accord with the purpose and
intent of Resolution No. 567-26, and recommends its adoption.
rlA
AYES
NOES
ABS
EX
GALIMBA
X
HUSTACE
X
INABA
X
KAGIWADA
X
KANEALI`I-KLEINFELDER
X
KIERKIEWICZ
X
KIMBALL
X
ONISHI
X
VILLEGAS
X
Respectfully submitted,
COMMITTEE ON LEGISLATIVE
APPROVALS AND ACQUISITIONS
LEATHER L. KIMBALL, CHAIR
LAAC REPORT NO.: 42
ADOPTED: _AJN 0 3 -2-0-2-