HomeMy WebLinkAboutCOM 0770.002 1996-1998
Donna Fay K Kiyosaki
Chte(Engineer
Stephen K Yamashiro
Mayor Jiro A. Sumada
Deputy C'hlefEngineer
Tounty of Anfunii
DEPARTMENT OF PUBLIC- WORKS
25 Aupuni Street, Room 202 • Hilo, Hawaii 96720-4252
(808) 961-8321 - Fa: (808) 969-7138
Date June 29, 1998
To HONORABLE JAMES Y. ARAKAKI, Council Chairman
From GONNA FAY K. KIYOSAKI, Ch~f`Engi eer
SUBJECT: BILL NO. 213 - DRAFT 2
1\
Condemnation Notification Procedures
We have reviewed Bill No. 213 and the following comments
• Recently the condemnation process has, regrettably, been overused. It should have been a vehicle
of last resort or special circumstances. Typically it would be used when there are unknown owners,
too many owners, clouded title or, most commonly, a failure to negotiate a fair settlement.
• In Decemberl997 the Department hired, on a contractual basis, a land agent to acquire property on
our behalf. Acquisition would begin with an offer (based on an appraisal report) to the legal owners
(based on a title search). The land agent, after considering the concerns of the property owner,
would negotiate an settlement amount and/or conditions. Should the land agent reach an impasse,
he would then advise the property owner of our intent to condemn. Considering the nature of this
negotiation process, a dialogue with the property owner would be established making any formal
notifications unnecessary.
• Typical appraisals for DPW involve properties next to an existing County right-of-way.
Consequently, most appraisals can be conducted from the roadside. If the appraiser, in his
professional opinion, finds it necessary to enter a private property, it should be his responsibility to
arrange an inspection with the owner. If appraisers are not doing their job properly, this is a
contractual problem that needs to be addressed administratively.
• The form letter, paragraph two, last sentence, is unacceptable. It gives a property owner an
opportunity to delay a project as it fails to establish a time frame for him to arrange a meeting. As
previously indicated, the need for a meeting should be determined by the appraiser.
Overall, we agree that our land acquisition actions have been less than ideal. However, the difficulties
encountered were primarily due to our lack of real property knowledge. We have taken a major step in
correcting this problem through the hiring of a private land agent. We believe that our actions will
address your concerns, making this legislative action unnecessary. flnom No. 770. oz
!tile No. i L IL
mef. T(H Presented
E:AWPFiles\MEMOSVCOUNCIL.WPD(65)
C- 770.0