§101-13  Exercise of power by county. 
Whenever any county deems it advisable or necessary to exercise the right of
eminent domain in the furtherance of any governmental power, the proceedings
may be instituted as provided in section 101-14 after the governing authority
(county council, or other governing board in the case of an independent board
having control of its own funds) of the county has authorized such suit by
resolution duly passed, or adopted and approved, as the case may be.  The
resolution, in the case of the city and county of Honolulu or an independent
board thereof, shall, after its introduction, be published in a daily newspaper
with the ayes and noes, once (Sundays and legal holidays excepted) at least
three days before final action upon it, and in the case of any other county or
an independent board thereof, be published in a newspaper with the ayes and
noes, at least one day (Sundays and legal holidays excepted), before final
action upon it. [L 1919, c 63, §1; am L 1923, c 48, §1; RL 1925, §815; am imp L
1933, c 98, §2; RL 1935, §57; RL 1945, §308; am L 1951, c 12, §1(h); RL 1955,
§8-11; HRS §101-13]



 



Revision Note



 



  "County council" substituted for "board of
supervisors".



 



Case Notes



 



  Ordinance relating to residential condominium leasehold
conversion did not entail the sort of impermissible delegation of the power of
eminent domain from the city council to city's department of housing and
community development that would violate this section.  76 H. 46, 868 P.2d
1193.