HomeMy WebLinkAboutREP PC 095 09/23/2008 2006-2008REPORT OF THE
COMMITTEE ON PLANNING
DATE: September 23, 2008 Re: Comm. 1458/Resolution 748-08
PLACE: Councilroom
Ben Franklin Building
333 Kilauea Avenue, 2"d Floor
Hilo, Hawaii
TIME: 2:30 p.m.
Council Chair and Members
Hawaii County Council
Hilo, Hawaii 96720
Your Committee on Planning, to which was referred Resolution 748-08, reports as follows:
Resolution 748-08, transmitted via Communication 1458 from the Office of the Corporation
Counsel, dated September 5, 2008, transmitting a resolution authorizing the acquisition of
private property by eminent domain for the construction of the Kahului-Keauhou Parkway, from
Kailua-Kona to Keauhou, in the District of North Kona, County and State ofHawai`i, in
accordance with Section 101-13, Hawaii Revised Statutes.
Resolution 748-08 states that the new Kahului-Keauhou Parkway will provide an alternate route
for traffic and relieve the present traffic congestion from Ali`i Drive, Kuakini Highway,
Mamalahoa Highway, and adjacent areas, better serving the region's future development and
project demands. It also notes that acquisition of a parcel of land consisting of approximately
3.017 acres, together with any adjacent lands necessary for temporary construction purposes, is
necessary in order to construct the highway, and that the new highway has been determined as
providing a regional public use and purpose, and the County of Hawaii deems it necessary to
invoke its condemnation powers to acquire land to complete the new highway.
At the September 23, 2008 Planning Committee meeting, Corporation Counsel Joseph
Kamelamela and Public Works Director Bruce McClure were present.
Director McClure explained that when the land was originally condemned, the tax map was
initially incorrect and that this parcel of land is owned by Mr. Kobayashi. This property is
located on the most northern half of Mr. Kobayashi's property which is the southern half of Ali`i
Highway. Mr. McClure stated that also going through this parcel will be the mauka/makai Lako
Street extension.
Corporation Counsel Joseph Kamelamela explained that this is the last parcel needed to complete
the southern portion of the Ali`i Highway. He further explained that at the February 21, 2008
trial regarding this parcel, the complaint and legal description in the complaint referred to 1.443
acres. However, when the County went forward to approve the resolution, the map attached
reflected a parcel containing 2.991 acres. Although the trial pertained to a 1.443-acre parcel, the
PC Report No. 95
Communication 1458
Resolution 748
Page 2 of 2
court ruled that the proceedings should have included the correct map which was the map
reflecting the 2.991-acre parcel and not the 1.443-acre parcel. In addition, at trial it was also
discovered through the County Consultants that the 2.991-acre parcel was inadequate to
accomplish the correct design of the highway and that the amount of 3.017 acres was necessary.
Because of that determination, Resolution 748-08 is requesting that the eminent domain process
reflect what is actually needed so that the correct acreage can be acquired. Mr. Kamelamela
noted that it took months after the trial to determine what was actually needed and that's the
reason for the resolution.
Your Committee on Planning is in accord with the purpose and intent of Resolution 748-08 and
recommends its adoption.
and
AYES NOES A&E EX
FORD X
HIGA X
HOFFMANN X
IKEDA X
JACOBSON X
NAEOLE X
PII.AGO X
YAGONG X
YOSHIMOTO X
Respectfully submitted,
COIVIlVIITTEE ON PLANNING
y
K. ANGEL PILAGO HAIR
PC REPORT NO. 95
AnoPTED: (lCT fl A Anna