HomeMy WebLinkAboutCOM 0853.039 2012-2014 TESTIMONY OF ALBERT A. NAKAJI IN RE. RESOLUTION 308-12,
PROVIDING FOR THE ACQUISITION OF EASEMENTS, BY
EMINENT DOMAIN, OF CERTAIN PROPERTIES IN PAPAIKOU,
HAWAII
HAWAII COUNTY COUNCIL FINANCE COMMITTEE HEARING' ^r
November 8, 2012
Chairperson Yagong, and Members of the Hawaii County Council, , •
my name is Albert Nakaji.
During the Finance Committee hearing on this matter, I testified
neither in favor of, nor in opposition to, the subject resolution, but asked that
members of the Finance Committee consider issues relating to the proposed
eminent domain action resolution. Today, I speak in opposition to the
resolution.
With respect to my friends who are supportive of this resolution, and
with great awareness of, and sensitivity to, the community position favoring
shoreline and inland recreational area access, and with awareness of the
State law regarding same, my views are as follows:
1. Eminent domain is reserved for acquisition of private property
when there is a compelling public interest. While it is clear that
there is a public interest, I am not convinced that such interest
cannot be served only the taking of the trail that the property
owners built. The trail is not a historically existing trail or, if it is,
that fact has not been established conclusively. Even as a
youngster growing up in Papaikou, I never knew of that particular
trail (and I fished a lot). The use of eminent domain in this
instance is a taking of the work and years of effort of the property
Comm. No.
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Ref. Date NOV 0 9 2012
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owners, and arguably not of access per se, for which any other
corridor would qualify. Taking a corridor that the owner created
specifically for his/her own enjoyment, would send a very chilling
message to all other property owners: specifically, "Don't create
any improvement on your property to the shoreline or forest, or
government may take it".
2. For the purpose of an easement, the County must maintain the trail.
As a taxpayer, what cost will be added to my property tax bill as a
consequence of this taking and annual maintenance? I would ask a
groundskeeper how much he/she would charge me to maintain my
yard (if I could afford such a person), before engaging in such
services. In this case, there is no estimate as to the annual
maintenance cost. While this is only one instance, it becomes of
concern when this action establishes precedence for all other
shoreline and forest access and could result in tremendous costs
over the years. The public and Council should be made aware of
this so a fully informed decision can be made. Piece-meal, it may
look small in the overall scheme of things, but how did the cost of
government get to be so high today over the long run? Certainly,
through the very steady "piece meal" increases over time. Each
tiny cut may only hurt a little, but taken as a whole, the taxpayer is
bleeding to death.
Thank you for your consideration.
Albert A. Nakaji
27-319 Kaieie Road
Papaikou, HI 96781
808 964-5039
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