STAND. COM. REP. NO.549

Honolulu, Hawaii

, 2003

RE: S.B. No. 1521

 

 

Honorable Robert Bunda

President of the Senate

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Transportation, Military Affairs, and Government Operations, to which was referred S.B. No. 1521 entitled:

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

begs leave to report as follows:

The purpose of this measure is to ensure that counties utilize their power of eminent domain only for a bona fide, recognized public purpose, and not for a primarily private purpose that only tangentially benefits the public as a whole.

Kamehameha Schools submitted testimony in opposition to this measure. Two concerned citizens testified orally to voice their concerns with this measure.

Your Committee finds that this measure is intended to protect small land owners against the power of the counties and large landowners to collaborate to use eminent domain as a tool to divest small landowners of their holdings.

For example, last year the City and County of Honolulu obtained several parcels of property through eminent domain, largely for the benefit of Outrigger Hotels. Although an expansion of Outrigger Hotels may spur the overall economy, and thereby serve a "public purpose," your Committee finds that under such a standard, any purpose can be considered "public."

Therefore, your Committee supports codification of different statutes and ordinances that have already been determined to be "public purposes." This measure is not intended to broaden a county's eminent domain powers at all; rather, it is intended to restrict those powers by providing a list of examples of purposes that can justify a taking through eminent domain.

As affirmed by the record of votes of the members of your Committee on Transportation, Military Affairs, and Government Operations that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1521 and recommends that it pass Second Reading and be referred to the Committee on Judiciary and Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Transportation, Military Affairs, and Government Operations,

____________________________

CAL KAWAMOTO, Chair