HB2172

Report Title:

Land Use; Moratorium on Sale of Public Lands

Description:

Imposes a moratorium on the sale of public land until 2010. Requires the department of land and natural resources to prepare a report prior to the 2010 legislative session with an inventory of all public land, recommending whether any land should be sold and the impact of the moratorium.

HOUSE OF REPRESENTATIVES	H.B. NO.	2172
TWENTY-THIRD LEGISLATURE, 2006
STATE OF HAWAII

A BILL FOR AN ACT

 

relating to public lands.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 171-13, Hawaii Revised Statutes, is amended to read as follows:

"§171-13 Disposition of public lands. (a) Except as provided in subsection (b) and as otherwise provided by law, and subject to other provisions of this chapter, the board may:

(1) Dispose of public land in fee simple, by lease, lease with option to purchase, license, or permit; and

(2) Grant easement by direct negotiation or otherwise for particular purposes in perpetuity on such terms as may be set by the board, subject to reverter to the State upon termination or abandonment of the specific purpose for which it was granted, provided the sale price of such easement shall be determined pursuant to section 171-17(b).

No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands cancelled for failure to satisfy the terms and conditions thereof.

(b) Until July 1, 2010, the board shall not dispose of public land in fee simple."

SECTION 2. Not less than twenty days prior to the convening of the regular session of 2010, the department of land and natural resources shall provide to the legislature a report:

(1) Containing an inventory of all public lands by type of land classification;

(2) Recommending whether any land in the inventory should be sold; and

(3) Assessing the impact on the department, and on land management policy, of the moratorium on sale of public lands and whether the moratorium should be continued as to one or more classifications of public land.

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect on July 1, 2006; provided that on July 1, 2010, section 1 of this Act shall be repealed and section 171-13, Hawaii Revised Statutes, is reenacted in the form in which it read on June 30, 2006.

INTRODUCED BY:	_____________________________