Report Title:
State-Controlled Lands; Legislative Approval Prior to Sale
Description:
Requires the agricultural development corporation, Hawaii community development authority, and the University of Hawaii to obtain legislative approval prior to permanently disposing of state lands under their respective jurisdictions.
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THE SENATE |
S.B. NO. |
2476 |
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TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to lands controlled by the state.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Chapter 163D, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§163D- Disposition of lands under the control of the corporation; legislative approval required. (a) No sale or other similar permanent disposition of lands controlled by the board shall be made except for public purposes, which shall include but not be limited to:
(1) Consolidation of holdings of lands under the board's control;
(2) Straightening of boundaries of lands under the board's control;
(3) Acquisition of adequate access for landlocked lands under the board's control that have development potential; or
(4) Acquisition of lands suitable for agricultural use.
(b) Any sale or similar permanent disposition of lands controlled by the board shall be subject to approval by the legislature by two-thirds vote of the members to which each house is entitled in any regular or special session following the date of the board's approval in principle of the sale. The board shall submit for introduction to the legislature a resolution for review of action on any sale or other similar permanent disposition of lands controlled by the board to be consummated by the board, wherein the deed for the land shall be executed by the parties together with the following information:
(1) The location and area of the parcel of land to be sold or otherwise permanently disposed of;
(2) The value of the land to be sold or otherwise permanently disposed of;
(3) The name or names of the appraiser or appraisers;
(4) The date of the appraisal valuation;
(5) The public purpose, in accordance with subsection (a), for which the land is being sold or otherwise permanently disposed of; and
(6) A detailed summary of any development plans for the land to be sold or otherwise permanently disposed of.
(c) If the legislature fails to approve the resolution to authorize the sale or other similar permanent disposition of lands under the board's control as provided in subsection (b), the transaction shall not be executed by the board."
SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§206E- Disposition of lands under the control of the authority; legislative approval required. (a) No sale or other similar permanent disposition of land controlled by the authority shall be made except for public purposes, which shall include but not be limited to:
(1) Consolidation of holdings of lands under the authority's control;
(2) Straightening of boundaries of lands under the authority's control;
(3) Acquisition of adequate access for landlocked lands under the authority's control that have development potential; or
(4) Acquisition of lands suitable for residential use.
(b) Any sale or similar permanent disposition of lands controlled by the authority shall be subject to approval by the legislature by two-thirds vote of the members to which each house is entitled in any regular or special session following the date of the authority's approval in principle of the sale or other similar permanent disposition. The authority shall submit for introduction to the legislature a resolution for review of action on any sale or other similar permanent disposition of lands to be consummated by the authority, wherein the deed for the land shall be executed by the parties together with the following information:
(1) The location and area of the parcel of land controlled by the authority to be sold or otherwise permanently disposed;
(2) The value of the land controlled by the authority to be sold or otherwise permanently disposed;
(3) The name or names of the appraiser or appraisers;
(4) The date of the appraisal valuation;
(5) The public purpose, in accordance with subsection (a), for which the land is being sold or otherwise permanently disposed; and
(6) A detailed summary of any development plans for the land controlled by the authority to be sold or otherwise permanently disposed.
(c) If the legislature fails to approve the resolution to authorize the sale or other similar permanent disposition of lands under the authority's control as provided in subsection (b), the transaction shall not be executed by the authority."
SECTION 3. Chapter 304, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§304- Disposition of lands under the control of the university; legislative approval required. (a) No sale or other similar permanent disposition of lands controlled by the board of regents shall be made except for public purposes, which shall include but not be limited to:
(1) Consolidation of holdings of lands under the board's control;
(2) Straightening of boundaries of lands under the board's control;
(3) Acquisition of adequate access for landlocked lands under the board's control that have development potential; or
(4) Acquisition of lands suitable for educational or university-related residential lodging use.
(b) Any sale or similar permanent disposition of lands controlled by the board shall be subject to approval by the legislature by two-thirds vote of the members to which each house is entitled in any regular or special session following the date of the board of regents' approval in principle of the sale. The board of regents shall submit for introduction to the legislature a resolution for review of action on any sale or other similar permanent disposition of lands controlled by the board to be consummated by the board of regents, wherein the deed for the land shall be executed by the parties together with the following information:
(1) The location and area of the parcel of land to be sold or otherwise permanently disposed of;
(2) The value of the land to be sold or otherwise permanently disposed of;
(3) The name or names of the appraiser or appraisers;
(4) The date of the appraisal valuation;
(5) The public purpose, in accordance with subsection (a), for which the land is being sold or otherwise permanently disposed of; and
(6) A detailed summary of any development plans for the land to be sold or otherwise permanently disposed of.
(c) If the legislature fails to approve the resolution to authorize the sale or other similar permanent disposition of lands under the board of regents' control as provided in subsection (b), the transaction shall not be executed by the board of regents."
SECTION 4. New statutory material is underscored.
SECTION 5. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 6. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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