TO ACQUIRE BY EMINENT DOMAIN IN FEE SIMPLE INTEREST A PORTION OF THE REAL PROPERTY IDENTIFIED AS TAX MAP KEY (1) 2-1-014-006, LOCATED AT 170 ALOHA TOWER DRIVE, HONOLULU, HAWAII 96813, AND OWNED BY HAWAIIAN ELECTRIC COMPANY, INC.

WHEREAS, Section 17-103.2(b) of the Charter empowers HART "to acquire by eminent domain … all real property or any interest therein necessary for the development of the fixed guideway system;" and

WHEREAS, prior to such acquisition the Charter directs HART to submit a list of real property to be acquired by eminent domain to the City Council; and

WHEREAS, the City Council may approve the acquisition by eminent domain or may object by adoption of a resolution within 45 days of the notification to acquire the real property; and

WHEREAS, the acquisition by eminent domain in fee simple interest of a portion of the real property identified as Tax Map Key (TMK) (1) 2-1-014-006, which property (Parcel 443 or Property) is more particularly described in the attached parcel map and legal description marked respectively as Exhibit A (map) and Exhibit B-1 (legal description of Parcel 443), subject to the reservation of Easement A for access purposes in favor of Hawaiian Electric Company, Inc. shown on Exhibit A (map) and more particularly described in the attached legal description of Easement A marked as Exhibit B-2, is necessary for the development (and redevelopment), construction (and reconstruction), improvement, upgrade, building, installation, location, placement, removal, enlargement, structural modification, safety updates, reduction, inspection, protection, operation, use (including public use), preservation, protection, sidewalk, utilities and station relative to the development of the Honolulu Rail Transit Project fixed guideway system, a valid public use and purpose; and

NOW, THEREFORE, BE IT RESOLVED by the Board of Directors of HART as follows:

1. That all legal preconditions for the acquisition of the Property by eminent domain are determined to have been met. More specifically:

a. The HART Board has provided the necessary preauthorizations and notifications to the City Council, and the City Council has approved and/or taken no action regarding the acquisition of the Property by eminent domain;

b. HART has provided the owner(s) with the requisite notices and has given the owner(s) the opportunity to accompany HART’s appraiser during the appraiser’s site inspection;
c. HART has obtained an appraisal of the Property, and, if a partial acquisition, any larger parcel or larger tract of which the Property is a part, made by a qualified appraiser licensed in the State of Hawaii;

d. HART’s appraisal was approved by a qualified review appraiser, in accordance with federal requirements, and HART received the necessary appraisal concurrence from the Federal Transit Administration, if applicable;

e. HART has established amounts that it believes are just compensation for the Property, based on HART’s approved appraisal;

f. HART has made a written offer to the owner(s) in the full amount of the just compensation established by HART, which written offer included a written statement of the basis for the offer of just compensation, in accordance with 49 C.F.R. 24.102(e); and

g. HART has made reasonable efforts to contact the owner(s) and/or the owner’s representatives to discuss its offer to purchase the Property and has given the owner(s) a reasonable opportunity to consider HART’s offer and to respond.

2. That the acquisition by eminent domain of the Property is hereby authorized and the Corporation Counsel of the City and County of Honolulu and/or HART’s selected outside legal counsel is empowered to institute eminent domain proceedings as provided by law for the acquisition thereof; and

3. That the acquisition of the Property by eminent domain is determined and declared to be for a valid public use and purpose as aforesaid; and

4. That the acquisition of the Property by eminent domain is determined and declared to be necessary for the aforesaid public use and purpose; and

5. That in the process of said proceedings in eminent domain, the Corporation Counsel and/or HART’s selected outside legal counsel is authorized and empowered to negotiate terms of settlement, subject to the approval of HART, the HART Board and/or the Court before which such proceedings are commenced; and

6. That the Board Executive Officer be directed to transmit copies of this resolution to HART and the Department of Corporation Counsel.

ADOPTED by the Board of the Honolulu Authority for Rapid Transportation

_____________________________
Board Chair

ATTEST:
_________________
Board Executive Officer

The foregoing resolution was introduced as Exhibit C to HART Board Resolution 2026-6 and approved for publication by the HART Board at its meeting held on May 29, 2026 (subject to the Honolulu City Council approving or not objecting to HART’s proposed condemnation), by the following votes:
Ayes: A. Aalto, L. Baker, K. Bukoski, J. Katahira, R. Morton, K. Park, C. Takashige Nays: None
Absent: E. Sniffen, N. Lee

Being a portion of a certain parcel of land
Being a portion of Grant 7041 to
The Hawaiian Electric Company, Limited
Situate at Honolulu, Oahu, Hawaii

2. 58° 54′ 123.89 feet along the Remainder of Parcel 443 of Honolulu Rail Transit Project;

3. 149° 10′ 42.22 feet along same;

4. 232° 50′ 91.26 feet along the Southeast side of Bishop Street;

5. Thence along same, on a curve to the right with a radius of 30.00 feet, the chord azimuth and distance being:

Description Prepared by:

HONOLULU RAIL TRANSIT PROJECT

EASEMENT A
(FOR ACCESS PURPOSES)

Affecting Parcel 443 of the Honolulu Rail Transit Project
Being a portion of a certain parcel of land
Being a portion of Grant 7041 to
The Hawaiian Electric Company, Limited

Situate at Honolulu, Oahu, Hawaii

4. 149° 10′ 42.22 feet along same to the point of beginning and containing an area of 783 Square Feet.

AUSTIN, TSUTSUMI & ASSOCIATES, INC.

ERIK S. KANESHIRO
Licensed Professional Land Surveyor
Certificate No. 9826
Exp. 04/26

Honolulu, Hawaii
July 22, 2025