STAND. COM. REP. NO. 2422

Honolulu, Hawaii

RE:    S.B. No. 2507

       S.D. 1

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fourth State Legislature

Regular Session of 2008

State of Hawaii

Madam:

     Your Committees on Water and Land and Intergovernmental and Military Affairs, to which was referred S.B. No. 2507 entitled:

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

beg leave to report as follows:

     The purpose of this measure is to prohibit the exercise of the power of eminent domain to take private property and transfer the property to another private entity for development purposes where the receiving private entity had earlier expressed an interest in developing the condemned property.

     Your Committees received testimony in support of this measure from the National Federation of Independent Business.  Testimony with suggested revisions was received from the Department of the Corporation Counsel of the City and County of Honolulu.  Testimony in opposition was received from Hawaii County Councilmember Bob Jacobson who testified as an individual.

     Your Committees find there is overwhelming support in limiting government's authority to acquire private property for the purpose of economic development of another private entity.  The taking of private property through the power of eminent domain is for the purpose of public use, such as public roads, public utilities, affordable housing, and community developments.

     Your Committees have amended this measure by changing the effective date to July 1, 2050, to continue the discussion in this matter.

     As affirmed by the records of votes of the members of your Committees on Water and Land and Intergovernmental and Military Affairs that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2507, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2507, S.D. 1, and be referred to the Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committees on Water and Land and Intergovernmental and Military Affairs,

____________________________ LORRAINE R. INOUYE, Chair

____________________________ CLAYTON HEE, Chair