Report Title:

Public Lands; Remnants

 

Description:

Repeals the consolidation and use requirements for the sale of a state land remnant, and requires the proceeds from the sale of a state land remnant to be deposited into the Land Conservation Fund.  Effective July 1, 2020.  (HB1145 HD1)

 

HOUSE OF REPRESENTATIVES	H.B. NO.	1145
TWENTY-FIFTH LEGISLATURE, 2009		H.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

 

 

RELATING TO REMNANT LANDS.

 

 

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

 

     SECTION 1.  Section 171-52, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Disposition.  Remnants or portions thereof may be disposed of by the board of land and natural resources without recourse to public auction in the manner set forth herein.  Any remnant or portion thereof to be disposed of shall be first offered for sale to the abutting owner for a reasonable period of time at a reasonable price based on appraised value.  In the event that one abutting landowner lacks access to a street, and such access can be secured by disposition of the remnant, such remnant shall be first offered for sale to such abutting owner, or subdivided so as to protect the access of all abutting landowners.  If there is more than one abutting owner who is interested in purchasing the remnant, it shall be sold to the one submitting a sealed bid containing the highest offer above the appraised value.  If the remnant abuts more than one parcel, the board may subdivide the remnant so that a portion thereof may be sold to each abutting owner at the appraised value [; provided that no remnant shall be sold to any abutting owner unless the remnant, when combined or consolidated with the abutting property, shall constitute a lot acceptable to the appropriate agency of the county in which the remnant lies; and provided further that appropriate language shall be included in any document of conveyance of such remnant to assure use of the remnant in accordance with the applicable ordinances, rules, and regulations of the county concerned]."

     SECTION 2.  Section 173A-5, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:

     "(c)  Any net proceeds or revenue from the operation, management, sale, lease, or other disposition of land or the improvements on the land acquired or constructed by the board under the provisions of this chapter, and any net proceeds, including interest on deferred payments, from the sale of land pursuant to section 171-52(c), shall also be deposited in or credited to the fund."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2020.