Several measures have been introduced at the Hawaii Legislature dealing with eminent domain. Recall that several such measures were introduced last year in response to the Kelo decision, but none made it out of committee. Nor did last November’s voter reform of eminent domain make its way to Hawaii’s shores, since Hawaii law does not allow statewide initiative or referendum.
So it is almost entirely up to the legislature. Here are summaries or excerpts of the proposals, so far. If I missed any, let me know:
Restricts the eminent domain powers of the counties to ensure that private property, if acquired by a county through its eminent domain powers, is acquired only for public uses and not for private use.
Same as above, with different language.
Prohibits use of power of eminent domain to take and transfer private property to a private entity that had expressed interest in purchasing the same property for development purposes or other private use.
“SECTION 1. In the wake of the recent United States Supreme Court decision in Kelo v. New London, 125 S.Ct. 2655 (2005), there has been a growing concern that the need for urban renewal or economic development may be cited as justification for allowing government to condemn private property and transfer the property to the benefit of another private person or entity. In many cases the receiving private entity had expressed an earlier interest in the condemned property for development or other private use.
“The purpose of this Act is to prohibit the exercise of the power of eminent domain to take private property and transfer the property to another private entity for development purposes where the receiving private entity had earlier expressed an interest in developing the condemned property.”
Prohibits the State and counties from condemning private property for a private economic interest or a private entity who expressed an interest in developing that same property for development purposes or private use before the condemnation.
Amending the general eminent domain statute: Ҥ 101-2 Taking private property for public use; disposal of excess property. Private property may be taken for public use[.]
Also amends the statute relating to the counties’ scope of eminent domain: 6) Each county shall have the power to exercise the power of condemnation by eminent domain, in accordance with section 46-61, when it is in the public interest to do so; provided that no county shall condemn private property and subsequently transfer that same property to a private entity that expressed an interest in purchasing that same property for development or commercial purposes or private use before the condemnation.
Requires electric utilities to obtain a certificate of public good from the public utilities commission for the construction of any electric transmission or generation facility, prior to beginning site preparation or exercising the right of eminent domain.
[Note: The phrase “right of eminent domain” just irks me. Governments don’t have “rights,” they have “powers,” and only those powers delegated to the government by the people. In our constitutional system, the people have rights. Often, however, this distinction is lost, and government acts as if it was exercising a “right” of eminent domain, and not a limited power.]