STAND. COM. REP. NO.  251

Honolulu, Hawaii

                , 2007

RE:   H.B. No. 1591

      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. 1591 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 providing that a plaintiff with the power of eminent domain is required to compensate a defendant condemnee, in addition to damages and losses to trade or business due to the condemnation, reasonable relocation costs, and:

     (1)  For agricultural lands, 125 percent of the fair market

          value;

     (2)  For real property occupied as a primary residence, 150

          percent of the fair market value; and

     (3)  For any other type of real property, 100 percent of the

          fair market value.

     The Hawaii Association of REALTORS and the Hawaii Farm Bureau Federation testified in support of this bill.  The Department of Agriculture and National Federation of Independent Businesses in Hawaii supported the intent of this measure.  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 percentages of the fair market value of               the three different types of land to unspecified                   percentages;

     (2)  Changing the effective date to July 1, 2050, to                    encourage further discussion; and

     (3)  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. 1591, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 1591, 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