County buying property

A. Except as otherwise provided for by law, any acquisition of real property by the County, whether by agreement, purchase, exchange, gift, devise, eminent domain or otherwise, must be accomplished in accordance with the provisions of this chapter. B. The director may negotiate for the purchase of real property for purposes in the public interest. 1. In negotiating the purchase price, the director must obtain an appraisal by a disinterested appraiser contracted for by the County, or accept an appraisal furnished by the prospective seller that has been reviewed by an appraiser employed by the County. 2. Notwithstanding the foregoing provisions of this subsection, the director may waive the appraisal when the real property's assessed value is $3,750 or less. If an appraisal is waived in accordance with this paragraph, the purchase price must not exceed 200 percent of the assessed value or $7,500, whichever is lower. C. The director may acquire property. In the case of real property with a purchase price that exceeds $250,000, the council must authorize the acquisition by resolution. The requirement of council approval does not apply to the purchase of: 1. Residential workforce housing units; or 2. Housing units for $500,000 or less in accordance with repurchase options and other buy-back provisions granted to the County under either: a. Deed restrictions in a County housing project that secured final subdivision approval or certificate of occupancy before January 1, 1999; or b. An agreement that was executed by and between the County and the developer of a housing project before January 1, 1999, under a County housing program. D. The council may, by resolution, authorize the acceptance of gifts or donations of real property or any interest in real property, including any conveyance described in subsection (F) that is rejected by the director. E. The council may authorize proceedings in eminent domain by resolution. Any proceedings so authorized are subject to the requirements of chapter 101, Hawaiʻi Revised Statutes. F. The director may acquire real property or easements without council approval if any one of the following applies: 1. The conveyance is approved by the director of environmental management and either is part of a capital improvement project by the department of environmental management or is necessary for improvement to a publicly owned treatment works, as defined in section 14.19A.040 . 2. The conveyance is approved by the director of water supply and either is part of a capital improvement project by the department of water supply or is necessary for improvement to a public water system, as defined in section 14.01.040 . 3. The conveyance is approved by the director of parks and recreation and is made under a park assessment agreement approved by council resolution under section 18.16.320 . 4. The conveyance is approved by the director of public works and either: a. Is part of a capital improvement project by the department of public works; b. Involves a road lot, road widening lot, remnant lot, or easement that complies with title 16 or title 18 ; or c. Is required by and complies with title 16 or title 18 . 5. The conveyance is approved by the mayor and is required by a grant agreement under section 3.88.070 . G. The director must not acquire, or accept any conveyance of, any real property or easement in accordance with this section unless: 1. The corporation counsel reviews and approves as to form and legality the conveyance documents. 2. For acquisitions or conveyances of real property other than easements with a property description stamped by a surveyor licensed by the State of Hawaiʻi, the director of public works reviews and approves the metes and bounds description of the real property. H. The director must advise the council by written quarterly report of any acquisition or conveyance made under this section that does not require council approval. The report must include a map of each parcel of real property or easement acquired or conveyed during the reporting period. I. No later than thirty days after the end of each calendar year, the director must submit to the council an annual report of all acquisitions made, and conveyances accepted, in accordance with this section. ( Ord. No. 5875 , § 9, 2025; Ord. No. 5744 , § 1, 2024; Ord. No. 5548 , § 1, 2023; Ord. No. 5436 , § 1, 2022; Ord. No. 4274, § 2, 2016; Ord. No. 3793, § 2, 2010; Ord. 3180 § 1, 2004: Ord. 2759 § 1, 1999: Ord. 2660 § 1, 1998: Ord. 1558 § 1 (part), 1986)