HomeMy WebLinkAboutDIG Eminent Domain RES 84-05 (2004-2006) COUNTY OF HAWAII
STATE OF HAWAII
RESOLUTION NO. 84-05
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTY BY EMINENT DOMAIN, BEING
ROAD A, TAX MAP KEY:(3)7-3-005:I 1 I, SITUATE AT KALAOA, NORTH KONA, COUNTY
AND STATE OF HAWAII, FOR THE DEVELOPMENT AND CONSTRUCTION OF A
CONNECTOR ROAD BETWEEN HOLU STREET AND KE`OKE`O STREET, KONA, HAWAII.
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAII.
WHEREAS, Harue Matsumoto is the owner of Road A, situate at Kalaoa, North Kona, Hawaii,
identified as Tax Map Key: (3)7-3-005:111, containing an area of 0.865 acres, more particularly
described in Exhibit "1" and delineated on Exhibit"2," both of which are attached hereto; and
WHEREAS, the County intends to connect Holu Street and Ke`oke`o Street; and
WHEREAS, the connection of Holu Street and Ke`oke`o 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 Holu Street and Ke'oke`o Street would entail the acquiring by the
County of Road A, Tax Map Key:(3)7-3-005:1 1 1, which has already been 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 Hawai`i Revised Statutes requires that a condemnation action
by the County of Hawaii 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
Road A connecting Holu Street and Ke`oke`o Street, in Kalaoa, North Kona, Hawai`i, to acquire and
condemn that certain private property identified as Tax Map Key:(3)7-3-005:111, described in
Exhibit "l" and delineated on Exhibit "2" attached hereto.
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, Hawai`i 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) Harue Matsumoto,
73-4284 Mamalahoa Highway, Kailua-Kona, Hawai`i 96740.
Introduced by:
DONALD IKEDA
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 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.
- -C
Deputy County Clerk
County of Hawai`i
(Hawai`i Tribune Herald: Friday, May 27, 2005)
(West Hawai`i Today: Friday, May 27, 2005)
Hawai'i County is an Equal Opportunity Provider and Employer.