HomeMy WebLinkAboutBIL 051 Draft 01 2002-2004
COUNTY OF HAWAII STATE OF HAWAII
BILL NO. sl
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAII COUNTY CODE 1983
(1995 EDITION) RELATING TO ADMINISTRATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAII:
SECTION 1. Chapter 2, article 19, section 2-115, of the Hawaii County Code
1983 (1995 edition), is amended to read as follows:
Section 2-115. Exchange of real property.
(a) No exchange of real property for private property shall be made except for
public purposes, including, but not limited to:
(1) Consolidation of holdings of real property;
(2) Straightening of boundaries of real property; or
(3) Acquisition of adequate access for landlocked real property which
has development potential.
u Straightening roadways or acquisition of encroachment
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(b) Exchanges shall be effected without public auction. Public notice of any
proposed exchange shall be given in accordance with the applicable
provisions set forth in section 2-116.
(c) The real property exchanged shall be of substantially equal value to that of
private land. In any exchange, the fair market value of the private land
and the County-owned land shall be separately determined by a
disinterested qualified appraiser or appraisers and the cost thereof shall
be borne equally between owner and the County.
u Appraisal requirements may be waived where the County seeks to acquire
private property upon which County roadways encroach into private
property, where this land will be exchanged for the County's unused
ry hts-of-way.
SECTION 2. Material to be repealed is bracketed. New material is underscored.
In printing this ordinance, the brackets, bracketed material and underscoring need not
be included.
SECTION 3. If any provision of this ordinance, or the application thereof to any
person or circumstance, is held invalid, such invalidity shall not affect other provisions or
applications of the ordinance which can be given effect without the invalid provision or
application, and to this end, the provisions of this ordinance are declared to be
severable.
SECTION 4. This ordinance shall take effect upon its approval.
INTRODUCED BY:
COUNCIL MEMBER, OUNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of 1st Reading:
Date of 2nd Reading:
Effective Date:
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