HomeMy WebLinkAboutDIG Eminent Domain RES 83-05 (2004-2006) •
COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 83-05
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING
LOT R-1, TAX MAP KEY:(3)7-3-010:029, AND ROAD LOT A, TAX MAP KEY:(3)7-3-010:036
(PORTION), SITUATE AT KALAOA, NORTH KONA, COUNTY AND STATE OF HAWAII, FOR
THE DEVELOPMENT AND CONSTRUCTION OF A CONNECTOR ROAD BETWEEN
KAUHALE STREET AND AHIAHI STREET, KONA, HAWAII.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, Lot R-1, situate at Kalaoa, North Kona, Hawai`i, identified as Tax Map
Key: (3)7-3-010:029, containing an area of 26,421 square feet, more particularly described in
Exhibit"1" and delineated on Exhibit"2," is owned by Dennis Young, et al.; and
WHEREAS, Road Lot A, situate at Kalaoa, North Kona, Hawaii, identified as Tax Map
Key: (3)7-3-010-036 (portion), containing an area of 12,887 square feet or 0.296 acre, more particularly
described in Exhibit"3" and delineated on Exhibit"4"), is owned by Dennis Young, et al.; and
WHEREAS, the County intends to connect Kauhale Street and Ahiahi Street; and
WHEREAS, the connection of Kauhalc Street and Ahiahi Street would provide a regional benefit
for a public purpose and use which will benefit the County of Hawai`i by improving traffic circulation;
and
WHEREAS, the connection of Kauhale Street and Ahiahi Street would entail the acquiring by
the County of Lot R-1, Tax Map Key: (3)7-3-010:029, and Road Lot A,Tax Map Key:(3)7-3-0l0:036
(portion), which is being planned and laid out as a connector road between the Kona Palisades and the
Kona Wonderview and Kona Coastview Subdivisions; and
WHEREAS, funding for the acquisition of said roadway will be from the fair share assessment
funds for the North Kona District; and
WHEREAS, Section 101-13 of the Hawaii Revised Statutes requires that a condemnation action
by the County of Hawai`i must be authorized by a resolution of the County Council.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF
HAWAII' that it is necessary for the public use and purpose, to wit: the construction and development of
Lot R-1 and Road Lot A connecting Kauhale Street and Ahiahi Street, in Kalaoa, North Kona, Hawai`i,
to acquire and condemn that certain private property identified as Tax Map Keys:(3)7-3-010:029
(Exhibits "1" and "2") and 7-3-010:036 (portion) (Exhibits "3" and "4").
BE IT FURTHER RESOLVED that the Corporation Counsel of the County of Hawai`i 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.
BE IT FURTHER RESOLVED that in the process of said proceedings in eminent domain, the
Corporation Counsel be and is hereby authorized and empowered to negotiate terms of settlement in
accordance with Section 2-10, Hawaii County Code, and the approval of the court before which such
proceedings are prosecuted.
BE IT FURTHER RESOLVED that the Clerk of the County of Hawai`i is directed to transmit
copies of this resolution to (1) the Honorable Harry Kim, Mayor of the County of Hawaii; (2) the
Department of Public Works; (3) the Office of the Corporation Counsel; and (4) Dennis Young, et al.,
P. O. Box 4086, Kailua-Kona, Hawai`i 96745.
Introduced by:
DONALD IKEDA
Council Member
1 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 May 18, 2005, by the
following Aye/No/Absent & Excused vote:
AYES: Council Members Arakaki, Hoffmann, Holschuh, Ikeda, Isbell, Jacobson,
Pilago, Safarik, and Chair Higa-9.
NOES: None.
ABSENT & EXCUSED: None.
Deputy County Clerk
County of Hawai`i
(Hawai`i Tribune Herald: Friday, May 27, 2005)
(West Hawaii Today: Friday, May 27, 2005)
lfawai•i County is an Equal Opportunity Provider and Employer.