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HomeMy WebLinkAboutCOM 0611.000 2002-2004 Harry Kim Lincoln S.T. Aahlda Mayor Corporation Cnunsd :y. Gerald Takase ~+i oi'e~'N Assistant Corporation Cnunse( (~~uxt#~r of ~ttfuttii OFFICE OF THE CORPORATION COUNSEL 101 Aupuni Street, Suite 325 • Hilo, Hawaii 96720.4262 • (808) 961-8251 • FAX (808) 961-8622 April 27, 2004 ~7 ~ O ^ _ ~ James Y. Arakaki, Chairman T• Hawaii County Council 25 Aupuni Street Hilo, Hawaii 96720 0 Dear Chairman Arakaki: Re: Bill 213 (Draft 2) Pursuant to the Council's request, with the filing of Bill 213 (Draft 2) by the Committee on Public Works & Intergovernmental Relations, please find Mr. AI Inoue's response with respect to the Real Estate Acquisition Guide. As he details, these procedures are being followed by the County in its acquisitions or potential condemnations. Should you have any further questions, please feel free to call. Sincerely, ALD TAKASE Assistant Corporation Counsel GT:de Enc. s:\dept\council\Itr arakaki bill 213 real estate acquisition\4-04\Gtde.doc cc: Bruce McClure '`etmm. No. bl1 Ref. Tp, fl C Ref. Dats ~~0~~©~~~~~~ 2004 RPR 22 AI"1 11 53 REALTY CORPORATION CG _ 13Y__ _ Apri122, 2004 Gerald Takase, Esq. Office of the Corporation Counsel 101 Aupuni Street, Second Floor Hilo, HI 96720 Re: Comments on the Real Estate Acquisition Guide Dear Gerald: You asked me to verify our adherence to the Real Estate Acquisition Guide as provided by the Department of Public Works. As you know we are, primarily, guided by the procedures established by FHWA that a Land Agent follows in the acquisition process for the Federal Aid Projects. The acquisition guidelines are outlined below: 1. A preliminary title search is ordered, initially, to verify the owners names and addresses. 2. A notification letter is sent by the Director of DPW to the landowners explaining the scope of the project and the commencement of the land acquisition process. 3. An "Inspection Letter" is sent to the respective landowner explaining the scope of the project and how their property will be affected. The same letter explains that there will be an inspection of the their property at which representatives from Publics Works, the design firm involved, the appraiser and land agent will meet with the owner to answer questions they may have regarding the project and how their property is affected. 4. An appraisal is conducted by an appraisal firm that has been approved by the State of Hawaii, Department of Transportation, Right-of--Way Branch (SDOT-ROW). After the appraisal is completed, it is reviewed and verified by the SDOT-ROW, after a physical inspection the site as well as an inspection of comparable properties used in the appraisal by its staff. MLS. 101 Aupuni Street, Suite 1001 P.O. Box 4338 Hilo, Hawaii 96720 Telephone: (808) 935-2995 Hilo, Hawaii 96720-4338 E-Mail: pacc@gte.net Fax: (808) 935-8269 ~ i crr, Page 2: Gerald Takase Apri122, 2004 5. Upon completion of the appraisal an offer letter is sent to the respective landowner which includes the following documents: A. The amount of the offer based on the appraisal. B. Parcel or easements maps showing the taking and remainder lot. C. An appraisal summary statement. D. A "Statement of Just Compensation". E. Landscape valuation estimates (if applicable). F. List of improvements and value estimates (if applicable). G. A copy of "Negotiation Policies and Payments Statement" of the County of Hawaii -DPW. H. A FHWA brochure entitled: "Acquiring Real Property for Federal and Federal- Aid Programs and Projects". I. A letter of acceptance form. J. A list of all property owners affected by the project. K. The owner provided the opportunity to hire his(her appraiser if they are not satisfied with the values involved. 6. The negotiation process generally may last from a few days to several months. Each claim or alternative offer made by the respective owner has to be evaluated and verified. 7. In some cases, due to funding deadline or if negotiations aze at an impasse, condemnation is pursued. The affected owners aze notified of the proceedings in advance and told, if an agreement had been reached, that the condemnation will not affect any previous commitments. Generally, the processes we follow are based on the Federal rules which are in concert with the County's Real Estate Acquisition Guide and expanded as well. There has to be some flexibility in the guidelines in order to deal with unusual cases, where for example, the owner cannot be located or fails to respond. I hope this addresses the concerns of the Council. Should you have any questions please contact me. Thank~'ou. ~t--~- AlInoue Land Agent cc: Ben Ishii