STAND. COM. REP. 1061

Honolulu, Hawaii

, 2003

RE: S.B. No. 1560

H.D. 2

 

 

 

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Second State Legislature

Regular Session of 2003

State of Hawaii

Sir:

Your Committee on Judiciary, to which was referred S.B. No. 1560, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO PROPERTY LEFT IN A DANGEROUS CONDITION,"

begs leave to report as follows:

The purpose of this bill is to authorize the State to demolish abandoned commercial or industrial facilities damaged in natural disasters where property owners, after notice, fail to take timely and appropriate remedial measures.

The Hawaii Hotel Assocation, the Hawaii Hotel Association-Kauai Chapter, Kiahuna Plantation Resort & The Beach Bungalows at Kiahuna, and a concerned individual testified in support of this bill.

Your Committee finds that this measure will help communities clear and rebuild after major natural disasters such as Hurricane Iniki.

Your Committee has amended this bill by:

(1) Clarifying language requiring the property owner to "pay all costs" related to condemnation or demolition, to foreclose any interpretation that the property owner might not be entitled to reasonable compensation as a result of eminent domain proceedings; and

(2) Authorizing rather than mandating the county to place a lien on the property to secure payment of costs for condemnation, demolition, or remediation.

As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1560, H.D. 1, as amended herein, and recommends that it be referred to the Committee on Finance in the form attached hereto as S.B. No. 1560, H.D. 2.

 

Respectfully submitted on behalf of the members of the Committee on Judiciary,

 

____________________________

ERIC G. HAMAKAWA, Chair