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HI HB1767

Bill

Status

Introduced

1/28/2009

Primary Sponsor

James Tokioka

Click for details

Origin

House of Representatives

2010 Regular Session

AI Summary

  • 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.

  • 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.

  • 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.

  • Amends Hawaii Revised Statutes Section 46-1.5 to add this restriction to the general powers and limitations of counties regarding condemnation authority.

  • Takes effect upon approval.

Legislative Description

Eminent Domain; Nonprofit Organizations

Last Action

Carried over to 2010 Regular Session.

5/11/2009

Committee Referrals

Water, Land, & Ocean Resources1/30/2009

Full Bill Text

No bill text available