STAND. COM. REP. NO.  252

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1593

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Fourth State Legislature

Regular Session of 2007

State of Hawaii

Sir:

     Your Committee on Water, Land, Ocean Resources & Hawaiian Affairs, to which was referred H.B. No. 1593 entitled:

"A BILL FOR AN ACT RELATING TO EMINENT DOMAIN,"

begs leave to report as follows:

     The purpose of this bill is to ensure the payment of fair and just compensation for condemned property by:

     (1)  Requiring the condemning authority to make an offer of

          settlement and setting forth a procedure for

          condemnation offers; and

     (2)  Requiring the condemning authority to reimburse

          condemnee's litigation costs, including attorneys' fees,

          if the just condemnation and damages awarded by the

          trial court to the condemnee is greater than the

          condemnor's offer of settlement.

     The Hawaii Association of REALTORS and the Hawaii Farm Bureau Federation testified in support of this bill.  The National Federation of Independent Businesses in Hawaii supported the intent of this measure.  The Attorney General and the Department of the Corporation Counsel of the City and County of Honolulu opposed this bill. 

     Your Committee has amended this bill by:

     (1)  Changing the effective date to July 1, 2050, to

          encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for style,         clarity, and consistency.

     As affirmed by the record of votes of the members of your Committee on Water, Land, Ocean Resources & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 1593, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1593, H.D. 1, and be referred to the Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Water, Land, Ocean Resources & Hawaiian Affairs,

____________________________

KEN ITO, Chair