Committee forwards resolution to acquire land for Government Beach Road widening to full council

The Hawaii County Committee on Legislative Approvals and Acquisitions forwarded Resolution 567-26 to the full council with a favorable recommendation, authorizing the county to initiate acquisition proceedings by eminent domain for portions of tax map keys 1-5-009, 012 and 058 at Keonepoco Iki to improve and widen Government Beach Road.

Melanie Timelo, deputy chief of the Public Works Engineering Division, told the committee the resolution seeks additional right-of-way to address an encroachment and to provide a standard minimum roadway width. "This resolution before you is to acquire by eminent domain a couple of parcels for Government Beach Road," Timelo said, adding the county plans to increase the existing 10-foot right-of-way by roughly 40 feet to reach a 50-foot county roadway standard.

Committee members pressed staff about prior negotiations with the landowner and whether both sides of the road were considered for acquisition. Timelo said staff had made an offer based on an appraisal but were unable to reach agreement with the property owner. Deputy corporation counsel (Sinclair Salisbury Ferguson) explained that if a settlement is not reached, the office of corporation counsel is authorized to file an action for condemnation in court and that valuation disputes would be adjudicated there.

Deputy corporation counsel explained the issue stems in part from previous county paving that extended onto private property: "We paved on to a little bit onto the Mauka property," the deputy counsel said, describing why encroachment and alignment issues need resolution.

Public Works staff also noted an existing 55-foot widening easement on the property, and that the current action focuses on two lots owned by the same entity; other adjacent owners had either agreed previously or are not part of this particular resolution. Council Member O'Neeshmi questioned whether affected owners might litigate; counsel responded the primary court fight would generally concern valuation rather than the public purpose.

Motion by Council Member Houston, seconded by Council Member Kagiwada, to forward Resolution 567-26 with a favorable recommendation carried; the clerk recorded that the resolution was forwarded to council with a favorable recommendation (vote recorded in the transcript as nine ayes). The committee took no further business and adjourned at 11:51 a.m.

The vote advances the resolution to the full council; if the county cannot negotiate terms with the property owner, corporation counsel will file a condemnation action and valuation will be resolved in court.