Provides regulations for property taken by eminent domain. (SD1)

A BILL FOR AN ACT

SECTION 1. Section 101-2, Hawaii Revised Statutes, is amended to read as follows:

"§101-2 Taking private property for public use; disposal of excess property. Private property may be taken for a stated public use[.]and shall be:

If any property taken through eminent domain after the effective date of this Act ceases to be used for the stated public use, the former owner of the property or a beneficiary or heir if one has been designated for this purpose, shall have the right to reacquire the property for the fair market value of the property before the property may be sold or transferred. Private property may also be taken by the State or any county in excess of that needed for [such] the public use in cases where small remnants would otherwise be left or where other justifiable cause necessitates [such] the taking to protect and preserve the contemplated improvement, or public policy demands [such] the taking in connection with the improvement, in which case the condemning authority may sell or lease [such] the excess property, with [such] the restrictions as may be dictated by considerations of public policy [in order] to protect and preserve [such] the improvements; provided that in the disposal of [any such] the excess property, if [such] the property is less than the minimum lot size requirements of the applicable zoning regulations, is of a configuration or topography which in the judgment of the appropriate county zoning authority cannot be put to a reasonable use in accordance with the applicable zoning regulations, or lacks proper access to a street, it shall be offered to the owner or owners of the abutting land for a reasonable price based on an appraisal; provided further that if [such] the excess property conforms to [said] the minimum lot size requirements, is of a configuration and topography which in the judgment of the appropriate county zoning authority can be put to a reasonable use in accordance with the applicable zoning regulations and has proper access to a street, then the State or the county, as the case may be, may sell such property at public auction. If there is more than one abutting owner who is interested in purchasing any such excess property which is less than the minimum lot size requirements of the applicable zoning regulations, is of a configuration or topography which in the judgment of the appropriate county zoning authority cannot be put to a reasonable use in accordance with applicable zoning regulations, or lacks proper access to a street, it shall be sold by the condemning authority by sealed bid to the abutting owner submitting the highest offer above the appraised value; provided further that if [any such] the excess property abuts more than one parcel, the condemning authority may make application for subdividing [such] the property so that a portion thereof may be sold to each abutting owner at the appraised value if the public interest is best served by [such] the subdivision and disposal. All moneys received from the sale or lease of [such] the excess property shall be paid into the fund or appropriation from which money was taken for the original condemnation and shall be available for the purposes of [such] the fund or appropriation.

For the purposes of this section, "stated public use" shall include developments that are determined by the governing authority to be integral and required elements of public purpose projects, including affordable housing, shelters for the homeless, schools, hospitals, disaster preparedness or renewal projects, and mass transit systems."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.