HomeMy WebLinkAboutBIL 051 Draft 02 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 51
Draft 2
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAI`1 COUNTY CODE 1983
(1995 EDITION) RELATING TO ADMINISTRATION.
BE 1T ORDAINED BY THE COUNCIL. OF THE COUNTY OF HAWAII
SECTION I. Chapter 2, article 19, section 2-1 I5, of the Hawaii County Codc
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.
Strai hg toning roadways or acquisition of encroachment right-of-way.
(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?-116.
(c) The real property exchanged shall be of substantially equal value to that of private
land. [InJ Except as otherwise provided for in subsection (d) below, 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 he borne equally between owner and the County.
Appraisal requirements may be waived where the County seeks to acuuire private
property upon which County roadways encroach into private property where this land
will be exchaneed for the County's unused rights-of=waX
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 Material to be repealed is bracketed.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 he 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:
COUNC[L MEMBER, C UNTY OF HAWAII
Hilo, Hawaii
Date of Introduction:
Date of I st Reading:
Date of 2nd Reading:
Effective Date:
RPFERENCE: Comm..__~,.1-.___