SB2748 SD1 SSCR2677

 

STAND. COM. REP. NO.2677

Honolulu, Hawaii

, 2002

RE: S.B. No. 2748

S.D. 1

 

 

Honorable Robert Bunda

President of the Senate

Twenty-First State Legislature

Regular Session of 2002

State of Hawaii

Sir:

Your Committees on Tourism and Intergovernmental Affairs and Transportation, Military Affairs and Government Operations and Judiciary, to which was referred S.B. No. 2748 entitled:

"A BILL FOR AN ACT RELATING TO THE COUNTIES' EMINENT DOMAIN POWERS,"

beg leave to report as follows:

The purpose of this measure is to restrict the eminent domain powers of the counties to ensure that private property, if required, is acquired only for public uses and not for private use.

Testimony in support of this measure was received from the Department of Business, Economic Development, and Tourism, a Member of the City Council of the City and County of Honolulu, Libertarian Party of Hawaii, Kahala Beach Condominium Association, and five individuals. The Department of the Corporation Counsel and Department of Planning and Permitting of the City and County of Honolulu testified in opposition. The Department of Community Services of the City and County of Honolulu, Hawaii Council of Apartment Owners, and eight individuals submitted comments.

Your Committees find that in 1984, the United States Supreme Court in the case of Hawaii Housing Authority et al. v. Frank E. Midkiff et al., upheld the Hawaii Land Reform Act of 1967, which is now codified as Chapter 516, Hawaii Revised Statutes (HRS). The Court stated that "one person's property may not be taken for the benefit of another private person without a justifying public purpose, even though compensation be paid." (467 U.S. 241)

Your Committees have heard that the intent of this measure is not to prohibit all private-to-private condemnations, but to establish a clear legislative intent when defining public purpose, especially where a single landowner will be the primary beneficiary. Through its reference to Chapter 53, HRS, the Urban Renewal Law, this bill intends to place those condemnations dealing with urban renewal clearly under the jurisdiction of a duly established redevelopment authority.

Your Committees understand that this measure is intended to prevent an exercise of the power of eminent domain, such as the City and County of Honolulu's actions to acquire certain lands in Waikiki with the intent to convey these lands to a private developer. Your Committees have heard from some of the parties directly affected by this particular incidence, and fully understand their frustration and outrage at the proposed condemnation of their private properties under the guise of a public purpose.

Your Committees are in agreement that additional protective measures are warranted and have amended this bill to:

(1) Add language to clarify that this measure will not impede implementation of fee conversions under Chapter 38, City and County of Honolulu Revised Ordinances 1990 or a similar ordinance;

(2) Clarify the proposed language regarding Chapter 53, HRS, to read: "for urban renewal consistent with chapter 53; and

(3) Make technical amendments to reflect preferred drafting style.

As affirmed by the records of votes of the members of your Committees on Tourism and Intergovernmental Affairs and Transportation, Military Affairs and Government Operations and Judiciary that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2748, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 2748, S.D. 1, and be placed on the calendar for Third Reading.

Respectfully submitted on behalf of the members of the Committees on Tourism and Intergovernmental Affairs and Transportation, Military Affairs and Government Operations and Judiciary,

____________________________ CAL KAWAMOTO, Chair		____________________________ DONNA MERCADO KIM, Chair
		____________________________ BRIAN KANNO, Chair