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HI HB1767
Bill
Status
1/28/2009
Primary Sponsor
James Tokioka
Click for details
AI Summary
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Prohibits counties from using eminent domain to condemn property owned by tax-exempt charitable organizations (as defined under Internal Revenue Code Section 501(c)(3)) if the property will be transferred for economic development, redevelopment, or private use including industrial, residential, agricultural, commercial, hotel, resort, office, or retail purposes.
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References the 2005 U.S. Supreme Court decision in Kelo v. City of New London which permitted cities to use eminent domain for economic development, while noting the Court acknowledged states could impose stricter restrictions.
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Establishes that Hawaii has not yet adopted legislation restricting eminent domain powers and that nonprofit charitable organizations deserve protection because their property serves the public good and community service.
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Amends Hawaii Revised Statutes Section 46-1.5 to add this restriction to the general powers and limitations of counties regarding condemnation authority.
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Takes effect upon approval.
Legislative Description
Eminent Domain; Nonprofit Organizations
Last Action
Carried over to 2010 Regular Session.
5/11/2009