Bill Text: HI SCR228 | 2010 | Regular Session | Introduced

Hawaii Senate Concurrent Resolution 228 (Prior Session Legislation)

NOTE: There are more recent revisions of this legislation. Read Latest Draft

Bill Title: Board of Land and Natural Resources; Boy Scouts of America

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-04-09 - (H) Referred to WLO, FIN, referral sheet 63 [SCR228 Detail]

Download: Hawaii-2010-SCR228-Introduced.html

THE SENATE	S.C.R. NO.	228
TWENTY-FIFTH LEGISLATURE, 2010
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

SUBMITTING TO THE LEGISLATURE OF THE STATE OF HAWAII FOR REVIEW OF ACTION TAKEN BY THE BOARD OF LAND AND NATURAL RESOURCES ON A LAND EXCHANGE.

WHEREAS, pursuant to Act 176, Session Laws of Hawaii 2009, section 171-50, Hawaii Revised Statutes, was amended to provide that any exchange of public land for private land shall be subject to disapproval by the Legislature by 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 that a copy of the resolution shall be submitted to the Office of Hawaiian Affairs when it is submitted to the Legislature; and

WHEREAS, at its meetings on February 23, 2001, under agenda item D-4, and December 13, 2002, under agenda item D-58, the Board of Land and Natural Resources approved a land exchange between the State of Hawaii and the Boy Scouts of America (BSA). The proposed land exchange involved the transfer of ceded lands leased to BSA, including tax map keys: (1) 5-9-05:02 and 77; (3) 4-6-11:40; and (4) 1-4-01:15, and private lands identified as tax map keys: (1) 9-4-166:24, 25, and 26; and

WHEREAS, pursuant to section 171-50(c), Hawaii Revised Statutes, concurrent resolutions, identified as S.C.R. No. 127 and H.C.R. No. 33, were submitted to the Legislature for review during the 2003 Regular Session of the Twenty-Second Legislature. The concurrent resolutions identified the public purpose for the exchange, the independent appraiser, and the determined fair market values for the above cited properties involved in the exchange, including tax map key (1) 5-9-05:77; and

WHEREAS, on April 22, 2003, the Governor of the State of Hawaii approved H.B. No. 83, H.D. 1, Relating to a Land Exchange between the State of Hawaii and the Aloha Council Boy Scouts of America, codified as Act 27, Session Laws of Hawaii 2003, authorizing the exchange of private lands in Waikele, Oahu, for public lands located on the islands of Oahu, Kauai, and Hawaii; and

WHEREAS, Act 27, Session Laws of Hawaii 2003, Relating to a Land Exchange Between the State of Hawaii and the Aloha Council Boy Scouts of America, cited all the above cited properties involved in the land exchange as approved by the Board of Land and Natural Resources, including land identified as tax map key (1) 5-9-05:77; 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, final documentation of the approved land exchange was reviewed and approved by the Department of 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) 5-9-05:77 in the above cited Board of Land and Natural Resources approval, independent appraisal, concurrent resolutions, Act 27, Session Laws of Hawaii 2003, and the public notice of the land exchange, tax map key (1) 5‑9‑05:77 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 Boy Scouts of America now wish to correct the inadvertent omission of tax map key (1) 5-9-05:77 from the 2004 recorded conveyance documents and convey said parcel to the Aloha Council Boy Scouts of America by way of amending the 2004 conveyance documents or entering into new conveyance documents, such that the documents are consistent with the original intent and all approvals of the land exchange; and

WHEREAS, in light of the above cited Board of Land and Natural Resources approval, independent appraisal, concurrent resolutions, Act 27, Session Laws of Hawaii 2003, and the public notice of the land exchange, the State of Hawaii, Department of Land and Natural Resources and the Aloha Council 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 (1) 5-9-05:77 from the 2004 recorded conveyance documents; however, the parties wish to comply with Act 176, Session Laws of Hawaii 2009 out of an abundance of caution; and

WHEREAS, pursuant to section 171-50, Hawaii Revised Statutes, the following information is provided regarding the land exchange between the Aloha Council Boy Scouts of America and the State of Hawaii, as approved by the Board of Land and Natural Resources and authorized by Act 27, Session Laws of Hawaii 2003, Relating to a Land Exchange Between the State of Hawaii and the Aloha Council Boy Scouts of America:

(1) Location and area of the parcels of land;

(A) Public lands;

(i) Camp Pupukea - Pupukea, Oahu

Tax Map Key (1) 5-9-005:002 � 56.962 acres

Tax Map Key (1) 5-9-005:077 � 7.838 acres

(ii) Camp Honokaia - Honokaia, Hawaii

Tax Map Key (3) 4-6-011:040 � 238 acres

(iii)Camp Alan Faye - Alan Faye, Kauai

Tax Map Key (4) 1-4-001:015 � 29 acres

(B) Private lands � Waikele, Oahu;

(i) Tax Map Key (1) 9-4-166:024 � 0.391 acre

(ii) Tax Map Key (1) 9-4-166:025 � 0.382 acre

(iii)Tax Map Key (1) 9-4-166:026 � 0.367 acre

(2) Value of the lands;

(A) Public land � $1,150,000

(i) Camp Pupukea - $700,000

(ii) Camp Honokaia - $319,000

(iii)Camp Alan Faye - $131,000

(B) Private land - $1,209,000

(i) Tax Map Key (1) 9-4-166:024 - $414,000

(ii) Tax Map Key (1) 9-4-166:025 - $405,000

(iii)Tax Map Key (1) 9-4-166:026 - $390,000

(3) Name or names of the appraiser or appraisers;

(A) Public land � Robert J. Vernon, MAI, CRE

(John Child & Company)

(B) Private land - James E. Hallstrom, Jr., MAI, CRE

Brian S. Goto, MAI, SRA

(The Hallstrom Group, Inc.)

(4) The date of the appraisal valuation;

(A) Public land - December 23, 2002

(B) Private land - October 11, 2002

(5) Purpose for the exchange - Generation of revenues for public land trust purposes as previously approved by the board of land and natural resources and Act 27, 2003; and

WHEREAS, a draft copy of this measure has been submitted to the Office of the Hawaiian Affairs; now, therefore,

BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that as a result of the proposed correction to executed documents, the foregoing land exchange, which was previously approved by the Board of Land and Natural Resources, the House of Representatives, the Senate and the Governor pursuant to section 171-50, Hawaii Revised Statutes, is again approved by the Legislature pursuant to section 171-50(c), Hawaii Revised Statutes, as amended by Act 176, Session Laws of Hawaii 2009, only with respect to conveyance of tax map key (1) 5-9-05:77 to Aloha Council Boy Scouts of America to correct the inadvertent omission of said parcel from the 2004 recorded conveyance documents; and

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to Aloha Council Boy Scouts of America, the Department of Land and Natural Resources, and the Office of Hawaiian Affairs.