SB2986 HD2

Report Title:

Eminent Domain

Description:

Establishes the Eminent Domain Task Force within the Legislative Reference Bureau. Effective date July 1, 2096. (SB2986 HD2)

THE SENATE	S.B. NO.	2986
TWENTY-THIRD LEGISLATURE, 2006		S.D. 2
STATE OF HAWAII		H.D. 2

A BILL FOR AN ACT

RELATING TO EMINENT DOMAIN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. In the wake of the recent United States Supreme Court decision in Kelo v. New London (04-108), June 23, 2005, there has been a growing concern that the need for urban renewal or economic development may be cited as justification for allowing government, directly or through other entities, to condemn private property and transfer the property to the benefit of another private person or entity.

The purpose of this Act is to establish a task force to undertake a review of those issues related to the use of eminent domain, by either the State or the counties, for purposes of urban or other economic development or renewal that may result in creation of facilities, structures, or uses that are wholly or partially privately owned.

SECTION 2. (a) There shall be established, within the legislative reference bureau for administrative purposes, an eminent domain task force, whose purpose shall be to review issues related to the use of eminent domain by the State or the counties for purposes of economic development or renewal, particularly with respect to any use of eminent domain that would result in wholly or partially privately owned facilities, structures, or uses. The task force shall recommend, if it finds advisable, proposed legislation relating to possible additional statutory limitations on the use of eminent domain by either the State or the counties. The task force shall take into account in making its recommendations, the features, needs, and history of the State and the counties, as well as statutory approaches that have been considered or implemented in jurisdictions outside of the state.

(b) The task force shall be composed of at least the following members:

(1) One member selected by the state office of planning;

(2) One member selected by the state department of transportation;

(3) One member selected by the city and county of Honolulu department of planning and permitting;

(4) One member selected by each of the departments of planning of the counties of Kauai, Maui, and Hawaii;

(5) One member selected by the Hawaii Association of Realtors;

(6) One member selected by Hawaii's Thousand Friends;

(7) One member selected by the National Federation of Independent Business, Hawaii office;

(8) One member selected by the Hawaii Farm Bureau;

(9) One member selected by Hawaiian Electric Company, Inc.;

(10) One member selected by the Land Use Research Foundation of Hawaii;

(11) Two members selected by the speaker of the house of representatives; and

(12) Two members selected by the president of the senate.

(c) The members of the task force shall elect a chairperson by a majority vote of all members present at its first meeting; provided that the number of members present at the first meeting shall be at least one-half of the total number of members. The members of the task force may, by a majority vote at a meeting at which at least a majority of members are present, nominate and elect additional persons to serve on the task force.

(d) The task force members shall serve without compensation.

(e) The legislative reference bureau shall provide necessary staff and logistical support for the task force.

SECTION 3. Upon completion of its review, the task force shall prepare and submit its findings and recommendations, including any proposed legislation, to the legislature no later than twenty days prior to the convening of the regular session of 2007. The task force shall cease to exist on July 1, 2007.

SECTION 4. This Act shall take effect on July 1, 2096.