Bill Text: HI SCR66 | 2012 | Regular Session | Amended
Bill Title: Office of Hawaiian Affairs; Department of Land and Natural Resources; Attorney General; Public Land Trust
Spectrum: Partisan Bill (Democrat 5-0)
Status: (Introduced - Dead) 2012-03-30 - (S) Report adopted, as amended (SD 1) and referred to WAM. [SCR66 Detail]
Download: Hawaii-2012-SCR66-Amended.html
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THE SENATE |
S.C.R. NO. |
66 |
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TWENTY-SIXTH LEGISLATURE, 2012 |
S.D. 1 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
URGING THE DEPARTMENT OF LAND AND NATURAL RESOURCES TO TRANSFER A PORTION OF THE REVENUE DERIVED FROM THE CONVEYANCE OR TRANSFER OF ANY LAND OF THE PUBLIC LAND TRUST TO THE OFFICE OF HAWAIIAN AFFAIRS.
WHEREAS, article XII, section 4, of the Hawaii State Constitution provides that "[t]he lands granted to the State of Hawaii by Section 5(b) of the Admission Act and pursuant to Article XVI, Section 7, of the State Constitution, excluding therefrom lands defined as "available lands" by Section 203 of the Hawaiian Homes Commission Act, 1920, as amended, shall be held by the State as a public trust for native Hawaiians and the general public"; and
WHEREAS, the Office of Hawaiian Affairs receives a portion of the revenue derived from the conveyance of certain land of the public land trust by the Department of Land and Natural Resources to the Hawaii Housing Finance and Development Corporation for the development of housing projects; and
WHEREAS, the formula to determine the revenue received by the Office of Hawaiian Affairs from the Department of Land and Natural Resources for the development of housing projects should serve as a model for a formula to determine the revenue received by the Office of Hawaiian Affairs from the Department of Land and Natural Resources for conveyances of any lands of the public land trust, so long as fair market value is narrowly defined to afford certainty to the Office of Hawaiian Affairs and Department of Land and Natural Resources; and
WHEREAS, the amount due to the Office of Hawaiian Affairs from the conveyance of lands for the development of housing projects is determined according to the ambiguous standard of "the most profitable, probable, and legal use to which the land can be put"; and
WHEREAS, the formula to determine the revenue received by the Office of Hawaiian Affairs as its portion of the revenue derived from the conveyance of certain land of the public land trust only applies to the developments known as the Villages of Leali‘i, Maui, and Villages of La‘i‘opua, Hawaii; and
WHEREAS, Senate Bill No. 2327, Regular Session of 2012, proposed to define the fair market value of the land conveyed by the Department of Land and Natural Resources to the Hawaii Housing Finance and Development Corporation as "the amount of money that a purchaser willing but not obliged to buy the land would pay to an owner willing but not obliged to sell it, taking into consideration the use of the land at the time of conveyance"; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2012, the House of Representatives concurring, that the Department of Land and Natural Resources is urged to transfer a portion of the revenue derived from the conveyance or transfer of any land of the public land trust to the Office of Hawaiian Affairs; and
BE IT FURTHER RESOLVED that the amount transferred by the Department of Land and Natural Resources to the Office of Hawaiian Affairs for each conveyance or transfer of any lands of the public land trust be determined by multiplying the fair market value of the land by twenty percent; provided that the fair market value means the amount of money that a purchaser willing but not obliged to buy the land would pay to an owner willing but not obliged to sell it, taking into consideration the use of the land at the time of conveyance; and
BE IT FURTHER RESOLVED that the Attorney General is requested to provide input and assist the Department of Land and Natural Resources and Office of Hawaiian Affairs in determining the fair market value of the ceded lands at the time of conveyance; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, Chairperson of the Board of Land and Natural Resources, Executive Director of the Hawaii Housing Finance and Development Corporation, and Attorney General.
Office of Hawaiian Affairs; Department of Land and Natural Resources; Attorney General; Public Land Trust
