Report Title:

Public Property; Condemnation

Description:

Directs the attorney general and the department of land and natural resources to commence a special proceeding pursuant to section 101-52, Hawaii Revised Statutes, for the acquisition by the State of certain lands in Haiku, Oahu, Hawaii.

HOUSE OF REPRESENTATIVES

H.B. NO.

1748

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC PROPERTY.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The legislature finds that on Mother's Day, May 9, 1999, in a tragic accident at a popular recreational site, commonly called Sacred Falls, eight persons were killed and thirty-four persons were seriously injured when a natural rockslide occurred without warning. More than three years later, in a lawsuit brought by survivors of the accident and family members of four of the victims, the circuit court ruled that the State was liable for not adequately warning visitors to the site of the potential hazards of rockslides. A year later, the State agreed to settle the case with the plaintiffs for $8,560,000. To this date, the state park at Sacred Falls remains closed because of the danger.

The legislature further finds that other popular recreational sites pose similar dangers to visitors and leave the State open to further liability. The 3,922-step metal stairway that climbs two thousand eight hundred feet up Haiku Ridge poses a similar danger because of its steepness and narrow width. The control and ownership of this property by the State is paramount and more necessary than the proposed use of the property for recreational purposes.

The purpose of this Act is to start a special proceeding for the acquisition by the State of the land underlying the metal stairway and removing the stairway, thereby removing a hazardous situation and potential liability to the State.

SECTION 2. The attorney general and the department of land and natural resources are directed to commence a special proceeding, pursuant to section 101-52, Hawaii Revised Statutes, for the acquisition by the State of the following described property presently owned by the board of water supply, city and county of Honolulu: TMK (First Division) 4-6-15: 011 and 013.

SECTION 3. Upon receiving title and possession of the property, the department of land and natural resources is directed to secure the property from trespassers and remove all improvements on the property, including the metal stairway.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $       , or so much thereof as may be necessary for fiscal year 2004, to carry out the purposes of this Act. The sum appropriated shall be expended by the department of land and natural resources.

SECTION 5. This Act shall take effect upon its approval; provided that section 4 shall take effect on July 1, 2004.

INTRODUCED BY:

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