STAND. COM. REP. NO.  110

Honolulu, Hawaii

                , 2011

RE:   H.B. No. 836

      H.D. 1

Honorable Calvin K.Y. Say

Speaker, House of Representatives

Twenty-Sixth State Legislature

Regular Session of 2011

State of Hawaii

Sir:

     Your Committee on Water, Land, & Ocean Resources, to which was referred H.B. No. 836 entitled:

"A BILL FOR AN ACT RELATING TO REAL PROPERTY,"

begs leave to report as follows:

     The purpose of this bill is to require the State or, alternatively, the counties to exercise its power of eminent domain against private property owners upon the request of an adjacent owner of land.

     The Department of Land and Natural Resources (DLNR) and Department of the Corporation Counsel of the City and County of Honolulu (Corporation Counsel) opposed this bill.

     After careful consideration, your Committee has amended this bill by amending the definition of "private property" to mean a privately owned highway, roadway, or lane; provided that ownership of the privately owned highway, roadway, or lane is not determinable through public searches at the Bureau of Conveyances, Land Court, or real property tax division of any county.  Technical, nonsubstantive amendments have also been made for the purposes of clarity, consistency, and style.

     Your Committee acknowledges that DLNR expressed reservations about personal-injury litigation and the Corporation Counsel raised constitutional concerns with respect to this bill.  However, your Committee respectfully requests that the Committee on Judiciary further examine these issues.

     As affirmed by the record of votes of the members of your Committee on Water, Land, & Ocean Resources that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 836, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 836, 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,

____________________________

JERRY L. CHANG, Chair