Honolulu City Council requested to condemn properties for Skyline rail construction

By Ian Bauer | Honolulu Star-Advertiser (TNS)

HONOLULU — The Honolulu Authority for Rapid Transportation would like to acquire by eminent domain five private properties along the rail corridor as construction of the nearly $10-billion Skyline proceeds toward Kakaako.

The Honolulu Authority for Rapid Transportation would like to acquire by eminent domain five private properties along the rail corridor as construction of the nearly $10-billion Skyline proceeds toward Kakaako.

HART's board of directors last month voted on resolutions requesting the City Council consider formal approval of condemnations to grant easement rights to Hawaiian Electric Co. so the utility can clear the path for rail and relocate its above-and below-ground transmission lines, electrical transformers and related equipment along the route. On Thursday, Lori Kahikina, HART's executive director and CEO, also requested the Council act on the resolutions.

"While HART will continue its good faith efforts to negotiate voluntary agreements with all impacted property owners along the rail alignment, HART has identified at this time properties for which the eminent domain process must be initiated to ensure that HART can maintain its construction schedule without risk of delays that may result in contractor claims and increased costs, " Kahikina wrote in a message to the full Council.

According to the city, the Council has 45 days from April 4 or from notification to approve or not object to the acquisitions. If the Council does not act, then the HART board of directors can authorize acquisition of the easements by eminent domain.

As of Monday, it was not clear if the matter will be up for Council discussion at its next meeting, April 17, as that agenda has not been publicly posted.

During the March 15 HART board meeting, it was noted the main property in question adjoins Marukai Wholesale Mart at 2310 Kamehameha Highway, a spot not far from the city's Kalihi Transit Center at 611 Middle St., where a segment of the rail project will connect.

None of that affected equipment, according to Hawaiian Electric, is meant for use by Skyline.

In particular, Hawaiian Electric's potential easement access will underground a 138-kilovolt transmission line and place accompanying equipment atop a landscaped but undeveloped 5, 000-square-foot parcel currently owned by Marukai Hawaii Co. Ltd.

"So we're just taking the easement rights, " Krista Lunzer, HART's director of transit property acquisition and relocation, told the board before its vote. "It's not a (fee-simple ) purchase " meant to take over the properties.

Marukai management could not be immediately reached for comment on HART's eminent domain.

Besides Marukai's site, other parcels will also house Hawaiian Electric electrical transformers. Those sites include —A 100-square-foot property at 2124 Kamehameha Highway, owned by Riza I. Villa and April H. Villa, trustees, and Roma Noel Anala ­lani Villa Rapoza.—A 1, 100-square-foot property at 1701 Dillingham Blvd., owned by the Jerry Juichi Fujii trust.—A 92-square-foot property at 1808 Dillingham Blvd., owned by FMK Properties LLC.—A 113-square-foot property at 98-254-A Aiea Kai Place, Aiea, owned by Ernesto Rumbaoa Coloma, which is deemed "sway " easement needed to accommodate a 138-kilovolt transmission line.

According to Lunzer, HART, in past months, sent written offers of compensation to each of these property owners to allow easement access.

"Settlements have not been reached, " she said previously, noting negotiation efforts over compensation to the owners will continue "with the goal of an amicable and reasonable settlement." She added "easement rights will be assigned to Hawaiian Electric once the condemnation actions have been completed."

Although the HART board had the option to discuss the requested eminent domains in nonpublic executive session meetings, the items were largely spoken about during the open public meeting.

But when it came time to discuss the value of properties or the sums offered—particularly for the Marukai parcel, which had been under negotiations for two years—Lunzer requested that that information be revealed only in a closed-door meeting. No executive sessions were held, however.

Still, HART board Chair Colleen Hanabusa questioned Hawaiian Electric's involvement in the proceedings, particularly over the Marukai property.

She also requested rail staff provide the board with an "inventory for us from the beginning of time " over what easement agreements HART has taken for the benefit of Hawaiian Electric.

"And how much have we paid ? Because I believe Hawaiian Electric hasn't paid anything for any of these easements, " Hanabusa said. "Is that correct ?"

Lunzer replied, "No, HECO does not pay for these easements."

Board Vice Chair Kika Bukoski later asked Lunzer about the purpose for the latest five eminent domains with regard to rail construction.

Lunzer said HART "needed to place these facilities in a certain time frame " for the rail's construction "and relocate the utilities out of the guideway."

"So HART needs these relocations to occur in order for the rail to continue to be constructed on time and on budget ?" Bukoski asked.

"That's correct, " Lunzer replied.

But Hanabusa quipped, "It's not on time and it's not on budget."

And at the same meeting, HART board member Natalie Iwasa questioned the lack of public transparency of the proceedings as some documents and information regarding the Marukai property itself were not posted on the rail agency's website.

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