▪ Eminent Domain and the Holy Rail

While much of the public's attention on the Honolulu City Council's upcoming vote on the proposed mass transit system focuses on the choice between rail or bus, and the location of the route, another issue -- eminent domain -- is beginning to surface. 

In a story posted here (video included), Honolulu's mayor acknowledges the impact of the use of eminent domain on property owners in the path of the rail lines, but suggests they "wait and see" before they react:

As the route nears town, more properties will see partial easements along road frontages, in addition to some full buyouts.

"As we come into town, it's going to be a little tricky," said Mayor Mufi Hannemann. “We're going to run into those problems, and rightfully so. We're going to run into landowners who say, ‘That's my land. I don't want it for rail. I'll take you to court.’ "

Robert Thomas, a Honolulu eminent domain attorney, says he's already heard from property owners worried they may be in the way and vowing to fight if so. Governments have power to force sales when owners resist.

“The city has an obligation to the taxpayer to not overpay, so it will generally come in with the lowest possible figure that reason can bear," Thomas said.

State law provides for a jury trial to settle price disputes.

"I would say to people who may be concerned, we appreciate your concern, but why don't you just wait to see what actually comes out," Hannemann said of the pending transit route.

The Mayor correctly points out that very few owners whose property is targeted by condemnation will be happy.  When asked to sacrifice their family home or a lifetime of work establishing a business, a property owner cannot be faulted for objecting.  On that point, the Mayor is 100% correct. 

However, I wish I could agree with the Mayor's suggestion that potentially affected property owners "wait and see" whether the City is coming after their land, home, or business, and if the City's initial take-it-or-leave-it offers will adequately compensate those who are forced to give up their property.  History and experience tell us that property owners who do not passively wait for the eminent domain summons to arrive, and who actively question the government's valuation of their property, are more likely to obtain compensation for their property that they consider just.