Bill Text: HI SCR71 | 2010 | Regular Session | Amended

---

Bill Title: Authorizing The Sale Of State Lands At Hanapepe, Waimea, Kauai, For Residential Purposes

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2010-04-12 - (H) Referred to WLO, FIN, referral sheet 66 [SCR71 Detail]

Download: Hawaii-2010-SCR71-Amended.html

---

 

 

STAND. COM. REP. NO. 2887

 

Honolulu, Hawaii

                  

 

RE:    S.C.R. No. 71

 

 

 

Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii

 

Madam:

 

     Your Committee on Water, Land, Agriculture, and Hawaiian Affairs, to which was referred S.C.R. No. 71 entitled:

 

"SENATE CONCURRENT RESOLUTION AUTHORIZING THE SALE OF STATE LANDS AT HANAPEPE, WAIMEA, KAUAI, FOR RESIDENTIAL PURPOSES,"

 

begs leave to report as follows:

 

     The purpose of this measure is to authorize the sale of state lands at Hanapepe, Waimea on Kauai for residential purposes.

 

     Testimony in support was submitted by one state agency and one individual.  Testimony in opposition was submitted by one member of the House of Representatives and one individual.  Written testimony presented to the Committee may be reviewed on the Legislature's website.

 

     On June 24, 1993, the Department of Land and Natural Resources held a public auction for the subject parcel of land, and Mr. Robert E. Farlander was the successful bidder.  He paid the bid amount of $107,000 in installment payments at eight per cent interest until the debt was paid in full on June 30, 1998.  However, the Department has yet to convey fee simple title to Mr. Farlander.  Your Committee believes this measure is unnecessary and that the final issuance of a deed is a ministerial matter not subject to legislative approval under section 171-64.7, Hawaii Revised Statutes.  However, despite your Committee's requests, the Attorney General has not issued an opinion on this matter.  The Department of Land and Natural Resources introduced the measure, and requests that your Committee adopt the measure in an abundance of caution.  Your Committee is concerned about setting a precedent when the only explanation offered is in an abundance of caution.  However, because your Committee recognizes that Mr. Farlander has satisfied his obligations under the installment agreement, your Committee finds that adopting this measure may alleviate any concerns over the State now satisfying its obligations. 

 

     As affirmed by the record of votes of the members of your Committee on Water, Land, Agriculture, and Hawaiian Affairs that is attached to this report, your Committee concurs with the intent and purpose of S.C.R. No. 71 and recommends that it be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committee on Water, Land, Agriculture, and Hawaiian Affairs,

 

		____________________________ CLAYTON HEE, Chair