HomeMy WebLinkAboutDIG Eminent Domain RES 567-26 (2024-2026)COUNTY OF HAWAI`I
STATE OF HAWAI`I'
RESOLUTION NO. 567-26
A 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 Hawaii 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 Hawaii 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 HAWAI`I that,
pursuant to and in accordance with sections 46-1.5(6), 46-61, 101-2, and 101-13 of the Hawaii
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 Hawaii; 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.
Introduced by:
HEATHER L. KIMBALL
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 June 3, 2026, by the following
Aye/No/Absent/Excused vote:
Ayes: Council Members Galimba, Hustace, Kagiwada,
Kierkiewicz, Kimball, Villegas, and
Chair Inaba — 7.
Noes: Council Member Onishi —1.
Absent: Council Member Kaneali`i-Kleinfelder-1.
Excused: None.
County Clerk
County of Hawaii
(Hawai`i Tribune Herald — June 12, 2026)
(West Hawaii Today — June 12, 2026)
Hawai `i County is an Equal Opportunity Provider and Employer
AFFIDAVIT OF PUBLICATION
IN THE MATTER OF
COUNTY OF HAWAII - RESOLUTION NO.567-26
STATE OF HAWAII }
)SS.
City and County of Honolulu }
Doc. Date: J U N 12 2026 # Pages: 1
Notary Name: COLLEEN E. SORANAKA First icisi amult
Affidavit of <J E , �O
Doc. Description: ��.;
Publication Cv NOTARY !
C) PUBLIC
6 * No.90-263
Notary Signature Data _
Lisa Sakakida being duly sworn, deposes and says that she is a clerk, duly authoiiMil'
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:
Mid Week
0
times on:
The Garden Island
0
times on:
Hawaii Tribune -Herald
1
times on:
06/12/2026
West Hawaii Today
0
times on:
Other Publications:
times on:
And that affzant is not a party to or in any way interested in the above entitled matter.
3
Lisa Sakakid
scrib to and swo fore m day of PC/A.D. 20 '�{7
olleen . Soranaka, Notary Public of the First Judicjel -tr6%tvo , "rr,
My commission eXVires: Jan 06 2028 '•. A_
Ad # 0001530203
0 , NOTARY `
61 PUBLIC _
#'.. No.90-263 *:
, rn"
COUNTY OF HAWAN
STATE OF HAWAII
RESOLUTION NO.567-26
A 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, pursuaid to Hawaii 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 an; and
WHEREAS, the County is proceeding with a
madway construction improvement project to improve
and widen Government Beach Road, which is a
County owned public roadway; and
WHEREAS, turn Family Enterprises, LLC,
(hereinafter, 'Lure 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 properly, situated in Keonepoko Iki,
Puna (heminafter, the "Property'), identified as
Roadway Lot 1-B and Roadway Lot 2-6 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 turn Enterprises for the acquisition
of the Property; and
WHEREAS, DPW deems h 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 Hawai'i 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 T RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAII that, pursuant to and In accordance with
sections 46-1.5(6), 46-61, 101-2, and 10113 of the
Newell 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 T FURTHER RESOLVED that in the process of.
mid 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 T FURTHER RESOLVED that the Director of
Finance Is hereby authorized to InKiate arty funding
mechanisms required for the acquisition of the
Property.
BE N FINALLY RESOLVED that the County Clerk is
directed to transmit a copy of this resolution to the
Honorable C. Kenn Alameda, Mayor of the County of
Hawaii; 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.
Introduced by:
HEATHER L. KIMBALL
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 3,
2026, by the following Aye/No/Absent/Excused vote:
Id Ayes: Council Members Engines, Hustace,
Kaghreda, Kierkiewla, Kimball, _
Villages, and Chair Inaba - 7.
Noes: Council Member Onishl -1.
Absent: Council Member Kaneali'i-Nleinfelder-1.
Excused: None.
County Clerk
County of Hawai'i
Hawaii County is an Equal Opportunity provider
and Employer
(HT141530203 6/12/26)
AFFIDAVIT OF PUBLICATION
COUNTY OF HAWAN
STATE OF HAWAI'I
IN THE MATTER OF }
RESOLUTION NO.567-26
COUNTY OF HAWAII- RESOLUTION NO. 567-26 }
A RESOLUTION AUIHORI7JNG 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 III,
PUNA, FOR THE CONSTRUCTION AND IMPROVEMENT
}
OF GOVERNMENT BEACH ROAD, A PUBLIC ROADWAY.
}
WHEREAS, pursuant to Hawaii Revised
}
Sections 46-1.5(6), 46-61, and 101-2, thea County
ty
STATE OF HAWAII }
I has the authority to exercise the power of eminent
domain to take private property for public use, such
}SS.
as a madway, when in it is in the public interest to
City and County of Honolulu }
do so; andWHEREAS, the County is proceeding with a
roadway construction Improvement project to improve
and widen Government Beach Road, which is a
r
Doc. Date: J 1, N 1 21026 # Pages:
County owned public roadway; and
WHEREAS, Wm Family Enterprises, AC,
'Wm
(heminafter, Enterprises") owns the property
Notary Name:COLLEENE.SORANAIKA First Judicial ClrcUit
identlFled as certain podlons of Tax Map Key Nos,(3)
1-5-009:012 and 058, containing approximately 3.74
'`l
Doc. Description: Affidavit Of s`�N E, j'0� /
acres of private property, situated in Keonepoko IN,
Puna "Property"),
•%
(hereinafter, the Identified as
Roadway Lot 1-B and Roadway Lot 2-B
Publication ',��'
and more
particularly described in"Exhibit A", which is attached
••
NOTARY •.t
hereto and incorporated herein by reference; and
-
PUB(
WHEREAS, the Department of Public Works
-IC
2026 t
U L U
JUN 16
(hereinafter, "DPW') sought to acquire the Property
* ••+
for the improvement and widening of Government
No. 90-263 i
Beach Road, and
NOWM?edge Dam '
WHEREAS, DPW was unable to reach an
:• s'+,• •:
agreement with Lum Enterprises for the acquisition
••
of the Properly; and
,.
WHEREAS, DPW deems it necessary and advisable
to condemn the Property
Lisa Saks kids being duly swom, deposes and says that she is a clerk, duly auiNdmntl 1 r s r"k
for a public purpose and
to execute this affidavit of Oahu Publications, Inc. publisher of The Honolulu
P
use, to wit: for the Improvement and widening of
Government Beach Road, and
Star -Advertiser, Mid Week, The Garden Island, West Hawaii Today, and Hawaii
WHEREAS, Section 101-13 of the Hawaii Revised
Statutes requires that the Council authorize, through
Tribune -Herald, that said newspapers are newspapers of general circulation in the State
resolution, a condemnaton action by the County and
of Hawaii, and that the attached notice is true notice as was published in the
that the resolution "be published in a newspaper with
the ayes and noes, at least one day (Sundays and
Honolulu Star -Advertiser 0 times on:
legal holidays excepted), before final action upon it";
now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY
OF HAWAI'I that, pursuant to and in accordance with
Mid Week 0 times on:
sections 46-1.5(6), 46-61, 1012, and 101-13 of the
Hawai'i Revised Statutes, the Corporation Counsel H
hereby authorized and directed to initiate proceedings
in eminent domain, as provided by law, for the taking,
The Garden Island 0 times on:
acquisition, and condemnation of the aforesaid private
properties for the purposes h rneinabove described.
BE IT FURTHER RESOLVED that in the process of
Hawaii Tribune -Herald 0 times on:
said proceedings in eminent domain, the Corpma0on
Counsel is hereby authorized to negotiate terms of
settlement, subject to the approval of the court before
which such proceedings am conducted.
BE B FURTHER RESOLVED that the Director of
West Hawaii Today 1 times on:
Finance Is hereby authorized to initiate any funding
mechanisms required for the acquisition of the
06/12/2026
Property.
Other Publications: 0 times on:
BE
BE IT FINALLY RESOLVED that the County Clerk Is
to transmit a copy of this resolution to the
Honorable C. limo Alameda, Mayor of the County of
And that af0ant is not a party to or in any way interested in the above entitled matter.
Hawaii; Diane T. Nakagawa, Director of Finance;
Wesley R. Segawa, Director of Public Works; Sinclair
Sa Deputy Corporation Counsel; and
gum,
gland L
Wayland Lum, Lum Family Enterprises, 44-647 p
Kaneohe Bay Drive, Kaneohe, HI 96744.
Lisa Sakaki
—F���111 �A
S to this Ldayof 'UVI� A.D.0 7b
Introduced by:
HEATHER L. KIMBALL
scrib and swo
Council Member
E. y� '•
•••
I HEREBY CERTIFY that the foregoing resolution was
Colleen E. Soranake, Notary Public of the First Juc ipt- it, State of Haw '
duly passed on first reading by the Council of the
County of Hawaii at its meeting held on June 3,
My commission expires: Jan 06 2028 = ^Y' NOTARY •'
•7�
2026, by the following Aye/No/Absent/Excused vote:
•'
-U: PUBLIC
Ayes: Council Members Galimba, Hustace,
Ad # 0001530204 -
ICS Kagiwada, Kierkiewim, Kimball,
- * •- NO. 90-263 *
Vlllegas, and Chair Inaba - 7.
,'
•
Noes: Council Member Onishi-1.
'
• s�q'•• :
Absent: Council Member Kanealii-Kleintelder-1.
'� ,�tt,���'�Pvvt��``.�.,
Excused; None.
Tw',•`,
' . . r „'
County Clerk
Gounly of Hawai'i
Hawaii County is an Equal Opportunity Provider
and Employer
(WHT1530204 6/12/26)