HomeMy WebLinkAboutCOM 0853.001 2010-2012 Piro
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('r)M M g:53
S E A F A R M
T R O P I C A L F R U I T & H A R D W O O D'
2012:09:27
Jamae Kawauchi,County Clerk
Office of County Clerk
25 Aupuni Street, Suite 1502
Hilo,HI 96720
Dear Ms Kawauchi:
We understand that Communication #853-12 from Dominic
Yagong,Council Chairperson,sent out on September 176,2012,
requesting referral to the Finance Committee,was sent three days
past the Calendar deadline of September 146. As Chair of the
Council he is obliged to follow the same Calendar as members of
Council. The transmittal did not ask permission to breach
established procedures, which is, itself, apparently highly
irregular. This breach of protocol denies the landowner
threatened by the eminent domain resolution a fair opportunity to
inform the Council of important details of its case. At the time
notice was received from Yagong, it was already three days too
late to request to make a presentation to the appropriate
Committee Chair.
We request that the County Clerk,who is obligated to protect the
transparency of the procedures of Council and to ensure fair and
equal access as well as to protect the public interest of those
served by the Council,make an allowance for sufficient time for
the landowner in this important, highly publicized and divisive
action, to make his case before Council.
This resolution proposes to seize the principal developed assets of
a foreign corporation. As far as we know, this has not been
attempted on this island since the assets of H. Hackfield &
Company, one of the Big Five sugar factors, were seized at the
P A P A ` I - K O U ■ L A N D I N G • I N C
P.O.BOX 4697 STN."C",CALGARY,AB,T2T 5P1,CANADA TeI.(403)244-6621
Comm. No. 53.1
Ref. To:
Ref. Date, nrT 0 2 2012
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• beginning of the First World War (1914). Condemnation, the
process under which the seizure is being attempted this time,was
created to allow raw land to be taken to widen or create roads and
bridges and other public utilities. Whisometimes thi�eness be
requires that buildings or other improvements
and demolished in order for the public project to be accomplished
—the procedure is virtually never used to seize'developed assets
only to turn around and continue to use them,as is.
If this resolution is successful, we could expect to see other
private developed assets,such as the"Red Bull"waterfall on the
Alderson lands at Qnomea,the trail,tide-pools and waterfall on
the Like Estate at Kaieie,or even the lobby and hall of the Palace
Theater,seized and turned over to free public use,with the owner
continuing to have to bear all the costs of operation. This kind of
confiscation or nationalization of private built assets is perhaps
expected in communist or socialist countries,but not in America.
This is obviously a very important issue. Council should consider
its actions very carefully indeed. It is a precedent-setting
resolution.
This resolution apparently sat on Councilman Yagong's desk
since at least June, 2012. He has now let at least three months
pass by with no discussion or consideration, and yet his;letter of
September 17 th, rushes the Resolution onto the Finance
Committee agenda for October 2nd. The Council's own Calendar
required,notice before September 14t. Three days earlier.
Council has recourse to deal with this failure to follow Council
protocol by voting at its next meeting to postpone action on this
item and allow for a presentation by the landowner on the next
meeting agenda, or not to allow the item to be considered at the
October 2nd meeting at all.
The landowner has no such recourse, and finds itself in the
I - K O U • L A N D I N G • I N C
P.O.BOX 4697 STN."C",CALGARY,AB,T2T 5P1,CANADA Tel.(403)244-6621
•
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peculiar situation of being notified about the resolution and the
agenda item dealing with its land three days after the opportunity
to ask to make a presentation to the Finance Committee and/or
to Council has expired! What this means, of course, is that the
landowner will be limited in what can be said by way of a defense
to three minutes. This is an impossible situation, since it would
take all that time allotment just to read through the resolution,let
alone respond to the merit of its points.
The only recourse the landowner has available is to ask the
County Clerk to do her duty and insure that the landowner is
fairly heard. Very probably,the proceeding should be delayed to
allow adequate time for the landowner(and for Council for that
matter) to give the Resolution and its implications the
consideration they deserve before being forced to vote on it. But
at a minimum,the landowner must be afforded the opportunity to
respond to the Resolution and state his case. This could fairly be
done within an hour,not within three minutes.
Sincerely,
Waugh
President&CEO
Papal-kou Landing Inc. •
/pc KAWAUCHI.D95.wpd
'P A P A ` I - K O U • L A N D I N G ■ I N C
P.O.BOX 4697 STN."C",CALGARY,AB,T2T 5P1,CANADA Tel.(403)244-6621