▪ Even More Eminent Domain Measures Introduced (Last Ones)
In addition to the bills mentioned earlier here and here, even more measures have been introduced in the Hawaii legislature to amend state eminent domain law. I believe that these are it for the year, as the deadline to introduce bills has now passed.
Prohibits use of eminent domain for private purpose; defines private purpose; where condemned property is transferred to private entity, not a common carrier or public utility, burden is on condemning authority to prove public purpose.
"The Hawaii supreme court, in a previous decision, Hawaii Housing Authority v. Lyman, 68 Haw. 55, 704 P.2d 888 (1985), indicated that it would not interpret the "public use" provisions of article I, section 20, of the Hawaii state constitution as broadly as the United States Supreme Court has interpreted the corresponding provisions of the fifth amendment. Nevertheless, the Hawaii supreme court in that opinion afforded deference to the governmental right to take property that was almost as great as that set forth in Kelo."
Establishes that the just condemnation price for agricultural land shall be 125% of value assessed pursuant to section 101-23, HRS, plus loss to business, plus relocation costs; for primary residence, 150%, plus loss to business or trade, plus relocation cost; for other property, 100%, plus loss to business or trade, plus cost of relocation.
Requires plaintiff to offer to resell property to defendant for current appraised value or condemnation price plus and cost of environmental remediation or cleanup or other improvements if property taken in eminent domain is not used for the purpose for which it was condemned.
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