§101-13  Exercise of power by county. Whenever any county deems it advisable or necessary to exercise the right ofeminent domain in the furtherance of any governmental power, the proceedingsmay be instituted as provided in section 101-14 after the governing authority(county council, or other governing board in the case of an independent boardhaving control of its own funds) of the county has authorized such suit byresolution duly passed, or adopted and approved, as the case may be.  Theresolution, in the case of the city and county of Honolulu or an independentboard thereof, shall, after its introduction, be published in a daily newspaperwith the ayes and noes, once (Sundays and legal holidays excepted) at leastthree days before final action upon it, and in the case of any other county oran independent board thereof, be published in a newspaper with the ayes andnoes, at least one day (Sundays and legal holidays excepted), before finalaction upon it. [L 1919, c 63, §1; am L 1923, c 48, §1; RL 1925, §815; am imp L1933, 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 ofsupervisors".

 

Case Notes

 

  Ordinance relating to residential condominium leaseholdconversion did not entail the sort of impermissible delegation of the power ofeminent domain from the city council to city's department of housing andcommunity development that would violate this section.  76 H. 46, 868 P.2d1193.