Column: Bill threatens private property owners<\/h1>\n\n\n\n- By Choon James and Natalie Iwasa<\/li>
- Today <\/li>
- Updated 7:19 pm<\/em><\/li><\/ul>\n\n\n\n
As part of the 2022<\/strong> county package to state legislators, Honolulu Mayor Rick Blangiardi <\/strong>requested \u201cnonjudicial<\/strong> foreclosure\u201d powers, i.e., the power to seize private property<\/a> without going to court. Fortunately, House Bill 1434<\/a> did not pass last year<\/a>.<\/p>\n\n\n\n![\"\"](\"https:\/\/countrytalkstory.com\/wp-content\/uploads\/2023\/02\/Screen-Shot-2023-02-15-at-3.21.54-PM-1024x605.png\")
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This year\u2019s package includes another request for \u201cnonjudicial foreclosure,\u201d<\/a> aka \u201cpower of sale.\u201d 2023<\/strong> HB 106<\/strong> BELOW represents an alarming threat to property owners and is prevalent in totalitarian regimes.<\/p>\n\n\n\n![\"\"](\"https:\/\/countrytalkstory.com\/wp-content\/uploads\/2023\/02\/Screen-Shot-2023-02-15-at-3.22.23-PM-1024x672.png\")
<\/figure>\n\n\n\nThis year\u2019s HB 106<\/a><\/strong> offers weak assurance that \u201ca county may, after all notices, orders, and appeal proceedings are exhausted, satisfy all unpaid civil fines through the power of sale on the real property subject to a recorded lien.\u201d <\/em><\/p>\n\n\n\nUnfortunately, our years of civic participation at Honolulu Hale show that due process has not always been fair and equitable to ordinary residents<\/a>.<\/p>\n\n\n\nFurthermore, recent<\/a> federal indictments <\/a>and guilty pleas continue to show the troubled<\/a> Honolulu Department of Planning and Permitting (DPP<\/a>)<\/strong> has no consistent record<\/a> of fair play<\/a> or efficient<\/a> management. Written testimonies reveal alarming threats toward private property rights.<\/p>\n\n\n\nDawn Takeuchi Apana<\/strong><\/a>, DPP director designate, stated: \u201cSpecifically, this bill would authorize the city to bring closure to pending civil fines imposed on landowners who are in violation of the city\u2019s land use ordinances and building codes, through a nonjudicial or administrative process.\u201d<\/p>\n\n\n\nHonolulu City Councilman Calvin Say<\/a> <\/strong>also submitted testimony for a quicker seizure: \u201cOur city corporation counsel is currently able to initiate a Judicial Foreclosure process, which has been successful in similar instances, however this is a long process that takes valuable resources away from other pressing legal matters.\u201d<\/p>\n\n\n\nIn other words, give us the authorization to hurry it up by bypassing the regular court method of foreclosure.<\/p>\n\n\n\n
The House Committee on Judiciary & Hawaiian Affairs<\/strong>, whose members include Chairman David Tarnas<\/a> and Vice Chair Gregg Takayama, approved<\/a> HB 106 on Jan. 31. Its report states in part:<\/p>\n\n\n\n\u201cYour committee finds that authorizing the counties to collect on liens filed on properties through a nonjudicial foreclosure process provides some leverage over property owners to comply or lose their property. If a property owner fails to comply and the property is foreclosed upon, this measure would enable the property to be put to productive use, allow liens attached to the property to be satisfied, and stop the accrual of additional debt or taxes on the property.\u201d<\/em><\/p>\n\n\n\n![\"\"](\"https:\/\/countrytalkstory.com\/wp-content\/uploads\/2023\/02\/Screen-Shot-2023-02-15-at-8.48.14-AM-1024x534.png\")
<\/a>Chairman David Tarnas<\/a> and Vice Chair Gregg Takayama, approved<\/a> HB 106 on Jan. 31. 2023<\/figcaption><\/figure>\n\n\n\n<\/p>\n\n\n\n
Hawaii\u2019s state legislators should recognize that most ordinary residents sacrifice and work their tails off to achieve real property ownership. Each county\u2019s goal should be to help property owners comply with the law and correct their violations, not<\/em> summarily seize their properties.<\/p>\n\n\n\nHB 106 invites corruption and exposes residents, especially those who have fewer financial resources available to them, as easy casualties of this potential power of sale. All Hawaii counties<\/strong> would be affected.<\/p>\n\n\n\nIt should be noted the U.S. Supreme Court <\/strong>ruled unanimously on Feb. 20, 2019 (Timbs vs Indiana<\/a>), that the Constitution\u2019s ban on excessive fines \u2014 civil asset forfeitures are a type of fine \u2014 applies to state and local governments, thus limiting their ability to use fines to raise revenue.<\/p>\n\n\n\n
As part of the 2022<\/strong> county package to state legislators, Honolulu Mayor Rick Blangiardi <\/strong>requested \u201cnonjudicial<\/strong> foreclosure\u201d powers, i.e., the power to seize private property<\/a> without going to court. Fortunately, House Bill 1434<\/a> did not pass last year<\/a>.<\/p>\n\n\n\n <\/p>\n\n\n\n This year\u2019s package includes another request for \u201cnonjudicial foreclosure,\u201d<\/a> aka \u201cpower of sale.\u201d 2023<\/strong> HB 106<\/strong> BELOW represents an alarming threat to property owners and is prevalent in totalitarian regimes.<\/p>\n\n\n\n This year\u2019s HB 106<\/a><\/strong> offers weak assurance that \u201ca county may, after all notices, orders, and appeal proceedings are exhausted, satisfy all unpaid civil fines through the power of sale on the real property subject to a recorded lien.\u201d <\/em><\/p>\n\n\n\n Unfortunately, our years of civic participation at Honolulu Hale show that due process has not always been fair and equitable to ordinary residents<\/a>.<\/p>\n\n\n\n Furthermore, recent<\/a> federal indictments <\/a>and guilty pleas continue to show the troubled<\/a> Honolulu Department of Planning and Permitting (DPP<\/a>)<\/strong> has no consistent record<\/a> of fair play<\/a> or efficient<\/a> management. Written testimonies reveal alarming threats toward private property rights.<\/p>\n\n\n\n Dawn Takeuchi Apana<\/strong><\/a>, DPP director designate, stated: \u201cSpecifically, this bill would authorize the city to bring closure to pending civil fines imposed on landowners who are in violation of the city\u2019s land use ordinances and building codes, through a nonjudicial or administrative process.\u201d<\/p>\n\n\n\n Honolulu City Councilman Calvin Say<\/a> <\/strong>also submitted testimony for a quicker seizure: \u201cOur city corporation counsel is currently able to initiate a Judicial Foreclosure process, which has been successful in similar instances, however this is a long process that takes valuable resources away from other pressing legal matters.\u201d<\/p>\n\n\n\n In other words, give us the authorization to hurry it up by bypassing the regular court method of foreclosure.<\/p>\n\n\n\n The House Committee on Judiciary & Hawaiian Affairs<\/strong>, whose members include Chairman David Tarnas<\/a> and Vice Chair Gregg Takayama, approved<\/a> HB 106 on Jan. 31. Its report states in part:<\/p>\n\n\n\n \u201cYour committee finds that authorizing the counties to collect on liens filed on properties through a nonjudicial foreclosure process provides some leverage over property owners to comply or lose their property. If a property owner fails to comply and the property is foreclosed upon, this measure would enable the property to be put to productive use, allow liens attached to the property to be satisfied, and stop the accrual of additional debt or taxes on the property.\u201d<\/em><\/p>\n\n\n\n <\/p>\n\n\n\n Hawaii\u2019s state legislators should recognize that most ordinary residents sacrifice and work their tails off to achieve real property ownership. Each county\u2019s goal should be to help property owners comply with the law and correct their violations, not<\/em> summarily seize their properties.<\/p>\n\n\n\n HB 106 invites corruption and exposes residents, especially those who have fewer financial resources available to them, as easy casualties of this potential power of sale. All Hawaii counties<\/strong> would be affected.<\/p>\n\n\n\n It should be noted the U.S. Supreme Court <\/strong>ruled unanimously on Feb. 20, 2019 (Timbs vs Indiana<\/a>), that the Constitution\u2019s ban on excessive fines \u2014 civil asset forfeitures are a type of fine \u2014 applies to state and local governments, thus limiting their ability to use fines to raise revenue.<\/p>\n\n\n\n<\/figure>\n\n\n\n<\/figure>\n\n\n\n
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