HomeMy WebLinkAboutCOM 0770.003 1996-1998
Donna Fay K. Kiyosaki
Chief Engineer
Stephen K. Yamashita
Mayor Jiro A. Sumada
Deputy Chief Engineer
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DEPARTMENT OF PUBLIC WORKS
25 Aupuni Street, Room 202 - Hilo, Hawaii 96720-4252(-
(808) 961-8321 - Fax (808) 969-7138
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Date July 15, 1998
To DOMINIC YAGONG, Chairman
Committee on Public Works & Parks
From DONNA FAY K. KIYOSAKI 1 ngineer
SUBJECT: BILL NO. 213 - DRAFT 2
Condemnation Notification Procedures
Forwarded is a draft guide outlining acquisition procedures that the Department will be following.
Mr. Al Inoue of Inoue*Hawaii Realty, whom the Engineering Division has contracted as a Land Agent,
is helping us in the development of this guide. As indicated, the process will involve property owners
well ahead of any condemnation action.
Although we are already practicing the concept of "friendly" acquisition, details and fine tuning of the
guide will be a learning experience. We are studying State Highway and Federal Highway
Administration land acquisition procedures. However, modifications and adjustments are necessary as
we lack many of their resources and personnel.
Should you have any questions, please contact Galen Kuba at x8327. If you wish, we can also make
Mr. Inoue available to discuss any concerns that you may have.
Enclosure
cc: Al Inoue, Inoue*Hawaii Realty (w/enclosure)
WWM (Peter Boucher w/enclosure) Z
Corm. No, F Ile No. NCC AN)"
Presented ~l
Ref. Tot
Ref. JUL ~ 5 i99d
E:AWP FilesAMEMOSVCOUNCILWPD(67)
REAL ESTATE ACQUISITION GUIDE
DEPARTMENT OF PUBLIC WORKS
COUNTY OF HAWAII
PURPOSE: This guide is to insure that all real estate acquisition by Department is performed in a
consistent manner following appropriate procedures. By doing so properties will be obtained in
manner that is fair to property owners and the County of Hawaii.
Because many of the steps outlined will be done contractually, to clarify, w have provided a
notation that says "departmental" or "contractual" in a parenthesis. It is #ri prtant to understand that
though work may be done by a contractor, direction and key decision iT}~ responsibilities still
rests with the Department and its Divisions.
1. PLANNING (Departmental)
Develop project alternatives and associated,ttg)Jt*of--way cot'rij otS
II. ENVIRONMENTAL ASSESSMENT'& PUBbC1T OLVEMENT (Contractual)
A. Public input/involvement - possible fist contact'with the community/property owners.
B. Select alternative and associated right=of--way corridor.
III. PROJECT DESIGN (Pgparlmental/Cbtttit Cfurt1)
A. Identification of propdrtiies affected by right-of-way.
B. Prepar2tiot of parcel traps aid:descriptions.
IV. TITLE SEARCH - DETERMINATION OF OWNERSHIP (Contractual)
May proceed with condemnation procedures if ownership is clouded, etc.
V. NOTIFICATION AND DISCLOSURE OF PROJECT (Contractual)
A.` Contact owner in-person (whenever possible) and by letter. Face to face contact is
s6sed'in order to maximize interaction and communication. Lessees to be involved
depending upon terms of the lease agreement.
B. Provide project information (scope, improvements, etc.) - full disclosure is essential.
C. Provide information on projects impacts on affected parcel.
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D. Discuss with owner methods of compensation.
1. Donation in exchange for construction features - County may provide certain
constructed amenities in exchange for the right-of-way without cash compensation.
2. Dedication.
3. Donated lands from a developer or landowner.
4. Involuntary Conversion (for tax purposes).
5. Compensation by Appraisal.
VI. APPRAISAL PROCESS (Contractual)
A. Determine Scope of Work - Scope of work may include valttattrti of assets not normally
included in an appraisal such as replacement of landscaping' stone walls, etc.
B. Owner Accompaniment -Owner will be given, he opport Ili
t+l$ty to i l the 4lspraiser,
engineers and others in related disciplines as pact ft ee
46appraisal pr'y' ~ zYiting is
not mandatory. Unreasonable delays on thp_,? the owner in ttr scheduling of
i IT;
meetings should not delay progress of the prole,
C. Review of Appraisal -Appraisals should be're te} ;.y qualified knowledgeable
personnel to verify values and methods used in the apel garocess.
D. Appraisal approved by the department.
VII. ACQUISITION (Contractual)
A. Prompt Written Offer to property owner that includes:
1. Amount of Compensation based::on discussions (see Notification and Disclosure of
Project, item "W:).:1
2. Description arid,:Socation of affeeted property.
3. Identification of afficted, structures (building, trees, hedges, etc.).
B. Negotiation (DepartmentallContractual)
1. Owner of the property, to be given opportunity to contest the appraised values as well
as the scope of1aiid items in the appraisal.
2. The owner may hire his own appraiser if not satisfied with appraisal provided.
3. Settlement.
VIII,: CONDEMNATION (Departmental/Contractual)
A. Notify owners/lessees in writing that negotiations are at an impasse and will proceed with
condemnation procedures.
B. Corporation Counsel shall draft and forward condemnation resolution for consideration.
C. After the resolution is adopted by the County Council, Corporation Council shall file a
complaint in circuit court and shall serve owners of record with the complaint.
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D. Court ordered settlement of complaint.
IX. DOCUMENTATION
A. Title Report and insurance.
B. Parcel Map - to be recorded with deed.
C. Appraisal Report.
D. Offering Letter.
E. Acknowledgment Letter - Ernest money deposit may be paid at this time.
F. Condemnation Notification Letter.
G. Condemnation Resolution.
H. Condemnation Complaint.
1. Court Ordered Settlement.
J. Deed.
K. Settlement Statement -Record of closing costs and othor monetaryetitW#[ons.
L. Transaction Diary .
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