STAND. COM. REP. 370

Honolulu, Hawaii

, 2003

RE: H.B. No. 1454

H.D. 1

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Water, Land Use, and Hawaiian Affairs, to which was referred H.B. No. 1454 entitled:

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

begs leave to report as follows:

The purpose of this bill is to clarify the powers of eminent domain of the counties by, among other things, reaffirming that in considering whether to exercise the power of eminent domain, it is the county council or other governing authority that shall decide whether condemnation serves a public purpose.

Kamehameha Schools, First United Methodist Church, Small Landowners Association of Hawaii, Small Landowners of Oahu, and Hui Hooulu, Inc. testified in support of this bill.

Your Committee believes that it is important for the Legislature to reaffirm that it is the county legislative bodies or other governing authorities--not agency and departmental administrators who are not accountable to the public--that shall determine whether a public purpose is served by condemnation.

Upon careful consideration, your Committee has amended this bill by keeping its language intact but adding to it the contents of H.B. No. 1549, which was also heard by this Committee.

As affirmed by the record of votes of the members of your Committee on Water, Land Use, and Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1454, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1454, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land Use, and Hawaiian Affairs,

 

____________________________

EZRA R. KANOHO, Chair