HomeMy WebLinkAboutORD 2003-050 2002-2004 COUNTY OF HAWAII STATE OF HAWAII
BILL NO. 51
Draft 2
ORDINANCE NO.O'3 50
AN ORDINANCE AMENDING CHAPTER 2 OF THE HAWAI`1 COUNTY CODE 1983
(1995 EDITION) RELATING TO ADMINISTRATION.
BE IT ORDAINED BY THE COUNCIL OF THE COUNTY OF HAWAI`1
SECTION 1. Chapter 2, article l9, section 2-l 15, 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:
(I) 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.
Straightening roadways or acquisition of encroachment rieht-of-wav.
(b) Exchanges shall he 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] Except as otherwise provided for in subsection (dl 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 be borne equally between owner and the County.
Appraisal requirements may be waived where the Countv seeks to acuuire private
propertv upon which Countv roadways encroach into private propertv, where this land
will be exchanged for the County's unused rights-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 Material to be repealed is bracketed.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, C LINTY OF HAWAII
Kona Hawaii
llate of Introduction: March 7 , 2003
Date of I st Reading: March 7 , 200 3
Date of 2nd Reading: March 19, 2003
Effective Date: March 27, 2003
REFERENCE: Comm. 1 ~ ~ 1
OFFICE OF THE COUN'T'Y CLRRK
County of Hawaii
xona ,Hawaii
ROLL CALL VOTE
Introduced By: Aaron S. Y. Chung AYES NOES ABS EX
Datelntroduced: March 7, 2003 Arakaki X
First Reading: ~-March 7, 2003 Chung X
Published: N/A Elarionoff X
Holschuh X
REMARKS: Jacobson X
Leithead-Todd X
_ Reynolds X
Safarik X
Tyler X
8 0 1 0
Second Reading: March 19, 2003 ROLL CAI,I, VOTE
To Mayor: March 24 2003 AYES NOES ABS EX
Returned: March 28 2003 Arakaki X
Effective: March 27. 2003 Chung X
Published: April 9, 2003 Elarionoff X
Holschuh X
REh1.4RkB: Jacobson X
Leithead-Todd X
Reynolds X
Safarik X
Tyler X
9 0 0 0
l DO fIEKEl3YCERT/FYThat the fore,~~oinK BLLL was ndnpled by the Cnunly ('otmcil published as
indica[ed above.
APPROVED AS TO
FORM AND LEGALITY:
c _r ~ C'OUN('lL ('H.9/RMAN
DEPUTY CORPORATION COUNSEL
COUNTY OF HAWAII
C (LINTY CLERK
Date ~J~~~-~
BiIINo.: 51 (Draft 2)
"I" Reference: C-122.1/FC-52
,4pprm•e /Disapproved this da}'
o M~~ ~ 03 OrdNo.:
I
AYOR. 'OU~TYOFHAWAII