Report Title:
Eminent Domain
Description:
Allows plaintiff to seek a judicial review of the taking prior to a condemnation action. 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. (SD1)
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THE SENATE |
S.B. NO. |
1279 |
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TWENTY-FOURTH LEGISLATURE, 2007 |
S.D. 1 |
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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 46, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§46- Judicial review of eminent domain action. A property owner or an individual with an interest in the property to be condemned shall be entitled to an immediate trial pursuant to section 101-34 to determine if the condemnation action by a county is for public use. If the condemnation action under chapter 101 has not commenced, the property owner or an individual with an interest in the property to be condemned may file a suit in circuit court for a declaratory ruling to determine if the condemnation action by a county is for public use.
This subsection shall not be construed to limit any other rights the owner of or individual with an interest in the property to be condemned may have to administrative or judicial review, or relief under applicable provisions of law."
SECTION 2. Chapter 101, Hawaii Revised Statutes, is amended by adding two new sections to be appropriately designated and to read as follows:
"§101- Judicial review of eminent domain action. A property owner or an individual with an interest in the property to be condemned shall be entitled to an immediate trial pursuant to section 101-34 to determine if the condemnation action by the State is for public use. If the condemnation action under chapter 101 has not commenced, the property owner or an individual with an interest in the property to be condemned may file a suit in circuit court for a declaratory ruling to determine if the condemnation action by the State is for public use.
§101- Right of reacquisition under certain circumstances. (a) When five years have elapsed and real property taken under the power of eminent domain is not used for the purpose stated in the condemnation resolution or other legislation or declaration authorizing the condemnation, or if the real property ceases to be used for the purpose stated in the condemnation resolution or other legislation or declaration authorizing the condemnation, the plaintiff shall offer the property for sale to the defendant in the condemnation action as provided in this section.
(b) The plaintiff shall notify the defendant in writing of the current appraised value of the real property and of the defendant's right to purchase the real property, within sixty days of the date the notice is served, at a price equal to:
(1) The current appraised value of the real property; or
(2) The compensation paid to the defendant at the time the property was acquired by the plaintiff, plus any cleanup or environmental remediation costs or other amounts expended by the plaintiff to improve the property after the date the plaintiff obtained title;
whichever is less."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.