Private land could be taken by eminent domain for widening of narrow road in Puna

Hawaiʻi County Council members advanced a resolution on Tuesday to use eminent domain against Lum Family Enterprises LLC to acquire portions of land for the improvement and widening of Government Beach Road in Puna.

The Office of the Corporation Counsel introduced a resolution during the Committee on Legislative Approvals and Acquisitions meeting that authorized the condemnation and acquisition of private property for public use.

The county is working to enhance and widen the narrow, winding and heavily trafficked Government Beach Road to improve public safety.

Under Hawaiʻi Revised Statutes Section 101-2, the county has the authority to condemn private property for public use, provided the owners are offered just compensation.

The Department of Public Works sought to acquire 3.74 acres of private property in Keonepoko ʻIki subdivision in Puna. However, the parties were unable to reach an agreement, and the department deemed it necessary to condemn the property.

“This resolution is authorizing the Office of the Corporation Counsel to go to court if we cannot have a settlement with the landowners,” Corporation Counsel Sinclair Salas-Ferguson said. “They will be required to negotiate in court for settlement. The county has the authority to take private property for public need, and a roadway is indisputable.”

The Hawaiʻi County Council will hear and discuss Resolution 567-26 again during the next meeting in two weeks.