Hawaii-2010-HCR185-Introduced

WHEREAS, the Board of Land and Natural Resources meetings on February 23, 2001, December 13, 2002, and July 25, 2003, approved a land exchange between the State and the Aloha Council of the Boy Scouts of America; and

WHEREAS, the proposed land exchange involved ceded lands leased to the Aloha Council of the Boy Scouts of America, including the following tax map key numbers: (1) 5-9-05-002 and (1) 5-9-05-077, (3) 4-6-11-040, and (4) 1-4-001-015; and private lands identified as tax map key numbers: (1) 9-4-166-024, (1) 9-4-166-025, and (1) 9-4-166-026; and

WHEREAS, Section 171-50, Hawaii Revised Statutes, provides that any exchange of public land for private land shall be subject to disapproval by the Legislature by a two thirds vote of either the Senate or the House of Representatives or by majority vote of both in any regular or special session; and

WHEREAS, pursuant to section 171-50(c), Hawaii Revised Statutes, Senate Concurrent Resolution No. 127 and House Concurrent Resolution No. 33 were submitted to the Legislature for review during the 2003 Regular Session of the Twenty-Second Legislature and identified the public purpose for the exchange, the independent appraiser, and the fair market values for the properties involved in the exchange, including the parcel of land identified in tax map key number (1) 5-9-05-077; and

WHEREAS, the land exchange between the State of Hawaii and the Aloha Council of the Boy Scouts of America was approved pursuant to Act 27, Session Laws of Hawaii 2003, including private lands in Waikele, Oahu, for public lands located on the islands of Oahu, Kauai, and Hawaii; and

WHEREAS, Act 27, cited all the above properties involved in the land exchange approved by the Board of Land and Natural Resources, including the land identified in tax map key number (1) 5-9-05-077; and

WHEREAS, pursuant to section 171-50, Hawaii Revised Statutes, public notice of the proposed land exchange was published in various newspapers on February 14, 2003, a correction of which was published in the same newspapers on June 19, 2003; and

WHEREAS, the public notices cited all the properties involved in the land exchange, including land identified in tax map key (1) 5-9-05-077; and

WHEREAS, final documentation of the approved land exchange was reviewed and approved by the Attorney General, executed by all appropriate parties and recorded in the Bureau of Conveyances on April 8, 2004; and

WHEREAS, despite the inclusion of tax map key (1) 5-9-05-077 in the Board of Land and Natural Resources' approval, the independent appraisal, the concurrent resolutions, Act 27, Session Laws of Hawaii 2003, and the public notice of the land exchange, the parcel of land identified in tax map key number (1) 5‑9‑05-077 was inadvertently omitted from the recorded conveyance documents pertaining to the approved land exchange; and

WHEREAS, both the State of Hawaii, Department of Land and Natural Resources, and the Aloha Council of the Boy Scouts of America now wish to correct the inadvertent omission of the parcel of land identified in tax map key number (1) 5-9-05-077 from the 2004 recorded conveyance documents and convey the parcel to the Aloha Council of the Boy Scouts of America by amending the 2004 conveyance documents to ensure that the documents are consistent with the original intent and all approvals of the land exchange; and

WHEREAS, in light of the Board of Land and Natural Resources' approval, the independent appraisal, the concurrent resolutions, Act 27, Session Laws of Hawaii 2003, and the public notice of the land exchange, the Department of Land and Natural Resources and the Aloha Council of the Boy Scouts of America do not believe that compliance with Act 176, Session Laws of Hawaii 2009, is required to correct the inadvertent omission of tax map key number (1) 5-9-05-077 from the 2004 recorded conveyance documents; and

WHEREAS, the parties wish to comply with Act 176, Session Laws of Hawaii 2009, in an effort to eliminate any potential procedural issues; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the Senate concurring, that the Legislature supports the proposed correction of the land exchange between the State and the Aloha Council of the Boy Scouts of America made pursuant to Act 27, Session Laws of Hawaii 2003, that inadvertently omitted the parcel of land identified in tax map key number (1) 5-9-05-077 from the Bureau of Conveyances record conveying the land exchange; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, the Speaker of the House of Representatives, the Senate President, the Chairperson of the Board of Land and Natural Resources, the Chief Executive Officer of the Aloha Council of the Boy Scouts of America, and the Office of Hawaiian Affairs.

	OFFERED BY:	_____________________________

Report Title:

Board Of Land And Natural Resources; Land Exchange; Legislative Review

HOUSE OF REPRESENTATIVES	H.C.R. NO.	185
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII