Best-kept secret is HB29 HD1 that is being quietly pushed through at the Hawaii State Legislature.
#HB29 is getting weirder by the minute. An attorney from Ashford & Wriston representing the Hawaii Bankers Association (HBA( testified that Hawaii already has a non-judicial foreclosure for delinquent mortgages, which is true. She cited the Hawaii Revised Statutes HRS 667 on foreclosure.
So, Chair #DavidTarnas said he would incorporate the bankers’ testimony into their HB29. amendment.
But, why? It doesn’t make sense. There is NO Mortgage involved. No private property owner applied or got a mortgage from the County.
We’re talking heavy smokes and mirrors, apples and oranges here. Expectedly, Bankers can force a NON-JUDICIAL foreclosure if a private property borrower does not pay. A property owner knowingly entered into a mortgage contract with promise to pay the bank.
But with this new POWER OF SALE HB29, it’s a forced “taking”. The County wants to sell a private property — based on a County civil fine — WITHOUT going to court. EVERY private property owner becomes a sitting duck.
This is really spooky. It exposes all private property owners to the whims of the government. HB29 HD1 is a fast lane to Tyranny.
Give voice. I testified that allowing the Counties Non-Judicial POWER OF SALE – – to sell private properties based on DPP’s civil fines WITHOUT going to court – – is unconstitutional and violates the 14th US Amendment. I asked if the public can trust DPP to be the POLICE, PROSECUTOR, JUDGE, JURY, & EXECUTIONER!
You can also see the Honolulu Department of Planning and Permitting’s reasons for wanting more easy Powers here. Dawn Takeuchi Apana‘s excuses for this quick Power of Sale are that their existing eminent domain power is too slow and costly and the city is short-staffed.
Do we really want to trust DPP who does not respect basic Constitutional Private Property Rights?
Sort by Date Status Tex
2/5/2025 H The committee on JHA recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) #Tarnas, #Poepoe, #Belatti, #Hashem, #Kahaloa, #Perruso, #Takayama, #Todd;
Ayes with reservations: Representative(s) #Shimizu;
1 Noes: Representative(s) #Garcia; and
1 Excused: Representative(s) #Cochran.
1/31/2025 H Bill scheduled to be heard by JHA on Wednesday, 02-05-25 2:00PM in House conference room 325 VIA VIDEOCONFERENCE.
1/30/2025 H Passed Second Reading as amended in HD 1 and referred to the committee(s) on JHA with Representative(s) #Alcos, #Matsumoto, #Reyes Oda voting aye with reservations; Representative(s) #Garcia, #Muraoka, #Pierick voting no (3) and Representative(s) #Cochran, #Ward excused (2).
1/30/2025 H Reported from WAL (Stand. Com. Rep. No. 20) as amended in HD 1, recommending passage on Second Reading and referral to JHA.
1/28/2025 H The committee on WAL recommend that the measure be PASSED, WITH AMENDMENTS. The votes were as follows: 9 Ayes: Representative(s) #Hashem,
#Lamosao, #Ichiyama, #Iwamoto, #Morikawa, #Poepoe, #Shimizu, #Souza; Ayes with reservations: Representative(s) #Belatti; Noes: none; and 1 Excused: Representative(s) #Woodson.
1/24/2025 H Bill scheduled to be heard by WAL on Tuesday, 01-28-25 9:00AM in House conference room 411 VIA VIDEOCONFERENCE.
