Report Title:
Eminent Domain; Valuation of Property
Description:
Establishes factors to be considered in determining value of property to be condemned.
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1527 |
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TWENTY-THIRD LEGISLATURE, 2005 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to eminent domain.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 101, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§101- Valuation of property, factors to consider. In fixing the compensation or damages to be paid for the condemnation of any property, the value of the property sought to be condemned shall not be determined by solely considering the highest and best use, but by taking into account the following:
(1) The zoning of the property;
(2) Whether the property is subject to other land use requirements or restrictions;
(3) Whether the property is serviced with sufficient infrastructure for development;
(4) Any factors or features of the property that deter the development or increase the cost of development of the property;
(5) The estimated cost of construction for the proposed use of the property; and
(6) The enhancement of or special benefits to any remainder parcel of property that the condemned property was a part of as a result of the proposed improvements to the condemned property, as set forth in section 101-23."
SECTION 2. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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