HomeMy WebLinkAboutDIG Eminent Domain RES 398-07 (2006-2008) COUNTY OF HAWAII
STATE OF IIAWAI'I
RESOLUTION NO. 398-07
RESOLUTION AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN,
BEING A PORTION OF TAX MAP KEY: (3)2-3-043:005, SITUATE AT KOKUAU, DISTRICT OF SOUTH
HILO, COUNTY AND STATE OF HAWAII, FOR THE CONSTRUCTION OF A SEWER SYSTEM
LTGRADE.
BE IT RESOLVED BY THE COUNCIL OF"iHE COUNTY OF HAWAII.
WHEREAS, Verna H.L. Young, Ronald Kealoha Bento, Iris Arlette Yempuku, Barnette Bento, Leigh
Ann Bento, Michael Clay Bente, Stanley Bento, Jr.. and Carol Lee Bento are the owners of real property situate
at Kflkuau, Hawaii. identified as Tax Map Key: (3)2-3-043:005; and
WHEREAS, a federal mandate requires that the County of Hawai`i close the existing County-owned
large capacity cesspool currently serving the Komohana Heights Subdivision; and
WHEREAS, the County of Hawaii will construct a sewer system upgrade that will connect the
Komohana Heights Subdivision and adjacent properties to the County's sewer system; and
WHEREAS, the construction of this sewer system upgrade will require the acquisition by the County of
Hawai'i of Sewer Line A, containing an area of 2.744 square feet, as delineated on Exhibit"A"attached hereto,
and Sewer Line B. containing an area of 3,299 square feet, as delineated on Exhibit "B" attached hereto; and
WHEREAS, it is necessary for the County of Hawaii to acquire the above-described easements,
requiring that the County of Hawaii invoke its condemnation powers, to complete the sewer system upgrade;
and
WHEREAS. Section 101-13 of the Hawaii Revised Statutes, requires that a condemnation action by the
County of I Iawaii must be authorized by a resolution of the County Council.
NOW,THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HA WAIL, that
it is necessary for the public use and purpose, to wit: the construction, operation and maintenance of a sewer
system upgrade that will connect the Komohana Heights Subdivision and adjacent properties to the County of
I lawai'i sewer system,situate at Kukuau 2nd. District of South Hilo. County and State of Hawaii, to take,
acquire and condemn Sewer Line A, containing an area of 2,744 square feet, and Sewer Line B. containing an
area of 3.299 square feet. both being a portion of Fax Map Key: (3)2-3-043:005, and delineated on Exhibits"A '
and "B" attached hereto.
BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawaii be and is
hereby authorized and empowered to initiate proceedings in eminent domain, as provided by law, for the
taking.acquisition and condemnation of the aforesaid private property.
RE IT FURll IER RESOLVED that in the process of said proceedings in eminent domain. the
Corporation Counsel he and is hereby authorized and empowered to negotiate terms of settlement in
accordance with Section 2-10, Hawai'i County Code, and the approval of the court before which such
proceedings arc prosecuted.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawaii is directed to transmit
copies of this resolution to: (I) Mayor Harry Kim; (2)the Department of Environmental Management;
(3) Assistant Corporation Counsel Gerald Takase; (4) Verna H.L. Young. P.O. Box 224, Ilakalau,
I lawai'i 96710: (5) Ronald Kealoha Bento. Barnette Bento, Leigh Ann Bento, Michael Gay Bento.
Stanley Bente. Jr.. and Carol Lee Bento, P.O. Box 206, Iiakalare I lawai'i 96710; and (6) Iris Arlette
Yempuku. 74 Ainalako Road, Hilo. Hawaii 96720:
Introduced by:
BRENDA FORD.by request
Council Member
I HEREBY CERTIFY that the foregoing resolution was duly passed on first reading by the Council of
the County of Hawai`i at its meeting held on November 20, 2007,by the following
Aye/No/Absent/Excused vote:
AYES:Council Members Ford, Higa, Ikeda, Jacobson,Naeole, Pilago,
Yoshimoto, and Chair Hoffmann—8.
NOES: None.
ABSENT: Council Member Yagong— 1.
EXCUSED: None.
Cou C erk
County of Hawai`i
(Hawai`i Tribune Herald: Saturday, December 1, 2007)
(West Hawai`i Today: Saturday, December 1, 2007)