101-13 Exercise of power by county. Whenever any county deems it advisable or necessary to exercise the right of eminent domain in the furtherance of any governmental power, the proceedings may be instituted as provided in section 101-14 after the governing authority (county council, or other governing board in the case of an independent board having control of its own funds) of the county has authorized such suit by resolution duly passed, or adopted and approved, as the case may be. The resolution, in the case of the city and county of Honolulu or an independent board thereof, shall, after its introduction, be published in a daily newspaper with the ayes and noes, once (Sundays and legal holidays excepted) at least three days before final action upon it, and in the case of any other county or an independent board thereof, be published in a newspaper with the ayes and noes, at least one day (Sundays and legal holidays excepted), before final action upon it. [L 1919, c 63, 1; am L 1923, c 48, 1; RL 1925, 815; am imp L 1933, c 98, 2; RL 1935, 57; RL 1945, 308; am L 1951, c 12, 1(h); RL 1955, 8-11; HRS 101-13]


Revision Note


"County council" substituted for "board of supervisors".


Case Notes


Ordinance relating to residential condominium leasehold conversion did not entail the sort of impermissible delegation of the power of eminent domain from the city council to city's department of housing and community development that would violate this section. 76 H. 46, 868 P.2d 1193.


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