In addition to the bills I mentioned earlier, more measures have been introduced in the Hawaii legislature to amend state eminent domain law.
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.
“However, the legislature finds that other takings of private property for transfer to private entities may be susceptible to abuse. Even under Kelo, the taking of property from one person simply to benefit another private person violates the protections of the public use clause. Similarly, a taking that is intended to favor a private party, with only incidental or pretextual public benefits, would not be sustained. Likewise, a taking that is simply for the purpose of providing economic benefits without remedying any harm or public nuisance is not within the meaning of “public use” envisioned by the framers of article I, section 20, of the Hawaii state constitution.”
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.
Requires condemning authority to make offer of settlement. Makes condemning authority liable for defendant’s litigation expenses if offer rejected and court award is greater than offer.