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  January 24, 2003

Senate Bill 1561 - Calls for State of Hawaii to exercise eminent domain

Report Title:

Eminent Domain; Coco Palms Resort; Appropriation

Description:

Requires the department of land and natural resources to initiate eminent domain to acquire the abandoned Coco Palms Resort on Kauai, to be used for a cultural education park; appropriates funds.

THE SENATE

TWENTY-SECOND LEGISLATURE, 2003

STATE OF HAWAII

S.B. NO. 1561

A BILL FOR AN ACT

RELATING TO EMINENT DOMAIN.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The former Coco Palms Resort in Wailua, Kauai, sits abandoned and dilapidated after many years of closure. The owners of the blighted property have failed to maintain the property for many years. The buildings are structurally unsound and are a threat to the public safety and welfare.

The property is adjacent to public lands and if preserved, would be an important and historic resource when combined with the adjacent public lands.

The purpose of this Act is to authorize the department of land and natural resources to initiate condemnation proceedings regarding the former Coco Palms Resort.

SECTION 2. Pursuant to section 101-14, Hawaii Revised Statutes (HRS), the department of land and natural resources shall institute proceedings for the condemnation of property, formerly operating as the Coco Palms Resort in Wailua, Kauai (TMK 4-4-1-3-4; 4-4-1-3-5, 4-4-1-3-7, and 4-4-1-3-17).

SECTION 3. Upon acquiring title to the land pursuant to section 2 of this Act, the land shall be designated public lands as defined in section 171-2, HRS, to be managed, administered, and controlled by the department of land and natural resources under section 171-3, HRS.

SECTION 4. The department of land and natural resources shall do all things necessary to remove all buildings and appurtenances on the land acquired by the State pursuant to section 2 of this Act. The land so acquired shall be converted for use as a cultural education park.

SECTION 5. The State and its officers, agents, and employees shall be immune from civil liability for any action taken pursuant to this Act.

SECTION 6. There is appropriated out of the general revenues of the State of Hawaii the sum of $5,000,000, or so much thereof as may be necessary for fiscal year 2003-2004, for the condemnation of land by eminent domain, as described under section 2 of this Act.

SECTION 7. The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 8. This Act shall take effect on July 1, 2003.

INTRODUCED BY: _____________________________

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