COUNTY OF HAWAI’I
STATE OF HAWAI’I
RESOLUTION NO. 518-24
AUTHORIZING THE ACQUISITION OF PRIVATE PROPERTIES BY EMINENT DOMAIN, BEING PORTIONS OF TAX MAP KEYS: (3) 1-4-001:002 AND (3) 1-4-001:003, SITUATED AT KAPOHO, PUNA, COUNTY AND STATE OF HAWAI’I, FOR THE RECONSTRUCTION OF LAVA INUNDATED ROADS, COUNTY JOB NUMBER E-4523, SPECIFICALLY POHOIKI ROAD.
WHEREAS, the County of Hawai’i (“County”) is proceeding with the reconstruction of lava inundated roads, which includes the reconstruction of Pohoiki Road, situated at Kapoho, Puna, County and State of Hawai’i; and
WHEREAS, the properties identified as Lot 2-B and Lot KL-1, as described and delineated in Exhibit “A,” are required by the County in order to reconstruct Pohoiki Road in a manner that complies with current County roadway standards, i.e., Lot 2-B and Lot KL-1 are required to widen Pohoiki Road to comply with current County roadway standards; and
WHEREAS, the County was unable to reach an agreement with the current owner of Lot 2-B and Lot KL-1 for the purchase and sale of those properties to the County; and
WHEREAS, it is therefore necessary that the County exercise its right of eminent domain to acquire Lot 2-B and Lot KL-1 for a public purpose and use, to wit: to widen Pohoiki Road; and
WHEREAS, pursuant to Hawai’i Revised Statutes (“HRS”) Sections 46-1.5(6), 46-61, and 101-2, the County has the authority to exercise its power of eminent domain to take private property for public use such as a roadway when in it is in the public interest to do so; and
WHEREAS, HRS Section 101-13 requires that a condemnation action by the County must be authorized by a resolution of the County Council; now, therefore,
BE IT RESOLVED BY THE COUNCIL OF THE COUNTY OF HAWAI’I that the Council of the County of Hawai’i finds it necessary and in the public interest to take the private properties identified as Lot 2-B and Lot KL-1, as described and delineated in Exhibit “A,” for public use as a roadway, to wit: the properties will be used to widen Pohoiki Road when the road is reconstructed as part of the County project entitled Reconstruction of Lava Inundated Roads, Job Number E-4523.
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 properties.
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, subject to 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 owner of the properties identified in Exhibit “A” as Lot 2-B and Lot KL-1, to wit: Kapoho Land and Development Company, Limited, P.O. Box 374, Hilo, Hawai’i, 96721; (2) the Honorable Mitch Roth, Mayor; (3) Stephen Pause, Director of the Department of Public Works; (4) Diane Nakagawa, Director of the Department of Finance; and (5) Sinclair Salas-Ferguson, Deputy Corporation Counsel.
Introduced by:
HOLEKA GORO INABA
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 June 5, 2024, by the following Aye/No/Absent/Excused vote:
Ayes: Council Members Evans, Inaba, Kagiwada, Kaneali’i-Kleinfelder,
Kierkiewicz, Lee Loy, and Chair Kimball – 7.
Noes: None.
Absent: Council Members Galimba and Villegas – 2.
Excused: None.
County Clerk
County of Hawai’i
Hawai’i County is an Equal Opportunity Provider and Employer
(WHT1457873 6/14/24)
