Coupes seek condemnation money, wait on appeal
by Bobby Command
West Hawaii Today
bcommand@westhawaiitoday.com
Saturday, December 15, 2007 7:10 AM HST
The Charles and Joan Coupe Trust has filed a motion in 3rd Circuit Court seeking Hawaii County to deposit the amount owed to the family for the condemnation of its property for the Hokulia bypass.West Hawaii Today
bcommand@westhawaiitoday.com
Saturday, December 15, 2007 7:10 AM HST
In addition, the Coupe Trust is also asking that the county deposit enough money to cover the costs of returning the land to its original state if the Coupes reverse the 3rd Circuit Court decision.
In late September, 3rd Circuit Court Judge Ronald Ibarra ruled that construction on the 5.5-mile bypass highway between Keauhou and Napoopoo could be restarted.
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However, the ruling initially found that the 2000 condemnation proceedings, which the Coupe family used as basis to argue for the 15-day trial in July, were illegal. But Ibarra later found in his opinion that the subsequent condemnation resolution filed in January 2005 by the Hawaii County Council was legal.
The Mamalahoa Highway bypass being built by 1250 Oceanside Partners, parent company of the luxury Hokulia subdivision development, will tie into the proposed Alii Parkway and provide regional traffic movement along the coastline from Napoopoo to Kailua-Kona. Many South Kona motorists have long anticipated the construction of the bypass highway as one solution to daily traffic congestion through mauka Kona.
In the motion filed Dec. 6 by the Coupes, they point out that the two condemnation proceedings conducted in parallel were not run-of-the-mill actions, and because of that, they should be allowed a perfectly fair and adequate remedy before any order of possession is allowed to take place.
The landowners also argue that despite claims in the media and announcements by the Public Works Department, the county has not yet taken possession of the property.
In a recent fact sheet issued by the county, Public Works stated that it "now has possession of the Coupe land and the right to use it. The administration will be speaking with Oceanside 1250 regarding a construction time line. Construction is anticipated to last 36 months."
Following the 3rd Circuit decision, an official at Hokulia said it would not be in the best interest of the developer or the county to restart construction of the highway until all claims have been settled.
The Coupes, who argue that the Intermediate Court of Appeals may now have jurisdiction of the case, are also asking that an independent appraiser determine the amount of money it would take to restore their property to its original condition if their appeal is ultimately successful.
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