Report Title:

Eminent Domain; Counties; Determination of Public Purpose

Description:

Requires county governing authorities to make specific findings demonstrating that the exercise of the power of eminent domain is for a public purpose.

THE SENATE

S.B. NO.

1464

TWENTY-SECOND LEGISLATURE, 2003

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to the counties' eminent domain powers.

 

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

SECTION 1. The purpose of this Act is to reaffirm that, in considering whether to exercise the power of eminent domain, it is the county council or other governing authority that must make the determination whether a public purpose will be served by the condemnation.

SECTION 2. Section 101-13, Hawaii Revised Statutes, is amended to read as follows:

"§101-13 Exercise of power by county. (a) 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.

(b) The governing authority shall consider whether the exercise of the power of eminent domain proposed by the resolution is for a public purpose and shall make specific findings demonstrating that the exercise of the power of eminent domain is for a public purpose authorized by section 46-61. The governing authority may not delegate its responsibilities under this subsection to a subordinate agency."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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