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The Honolulu Advertiser
Posted on: Wednesday, July 5, 2006

Homeowners frustrated by condemnation process

By Eloise Aguiar
Advertiser Windward O'ahu Writer

KANE'OHE — Homeowners faced with condemnation to make way for an erosion control project say although state officials expect them to soon sign off on a buyout package, they have yet to provide vital real-estate information needed to guide residents' decisions.

The state Department of Transportation said the process is complicated and emotional for homeowners, and the state is trying to make the transition a smooth one.

After years of complaints about an erosion problem along the west branch of the Kapunahala Stream where one home was lost to landslides, DOT officials announced in November that the agency would build a flood-control basin, requiring removal of 10 houses.

"The timeline is absurd," said Curtis Harada, one of the homeowners facing condemnation. He said after receiving notice that he must either accept or reject the state's offer within 45 days, "seven days have passed and we don't have all the information (needed) to make an intelligent decision. We're just sitting on our hands, lost and angry."

Among the pertinent information missing are real-estate price listings for comparable homes on the market, Harada said. He also said while he was led to believe that the appraisal of his property was to be the baseline for negotiations, officials now maintain that the appraisal serves as "just compensation" and that's what the state will pay for his home.

Harada said the state offered $678,000 for his 1,500 square-foot Castle Hills home, but a comparable home that he found was selling for $900,000.

A second part of the buyout package is expected to include money to help compensate for such price gaps, but Harada said the state officials told him the limit will be $100,000. State officials said moving costs also would be covered.

But Harada said the state has made conflicting statements and promises.

"They made a lot of verbal commitments to us, things like: 'Don't worry, you'll be OK. ... We're your advocate.' And then we get these letters and documents and they don't even give you information."

Katherine Swindell, whose home is also among those slated for condemnation, said she doesn't expect to settle the issue soon.

She wouldn't reveal the state's offer but said she and her husband were not happy with it and will hire an independent appraiser. "It's still a long process," Swindell said. "I don't know what's going to happen."

State officials said they understand the residents' frustration and are working to make the transition a satisfactory one.

"It might take years, but we'll try not to do that," said Dean Yogi, in charge of the relocation of residents for the DOT. "But to get them out to a place where they're really, really happy might take a while for them to find something they really like."

Yogi said finding comparable homes is difficult because not many are available and they are expensive. Nevertheless, the homeowners will benefit in the long run by moving because erosion could take their homes, he said.

There had been a proposal to improve the drainage in the area, but even that option would have also required the relocation of homeowners, he said.

One homeowner has moved and another is near an agreement, said Rod Haraga, DOT director.

He said the state recognizes the emotional stress the move has on the homeowners and is trying to treat them fairly.

"We are not about to go in and bully them out of their places," he said.

Reach Eloise Aguiar at eaguiar@honoluluadvertiser.com.