REPORT TITLE:
Land Exchange


DESCRIPTION:
Allows the exchange of private and public lands located in North
Kona, Hawaii. (HB2309 HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2309
HOUSE OF REPRESENTATIVES                H.B. NO.           H.D. 1
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO LAND EXCHANGE IN NORTH KONA, HAWAII.



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

 1      SECTION 1.  The legislature finds that it is in the public
 
 2 interest to enter into a land exchange with Earl E. Bakken
 
 3 involving private lands located on the coast of Kiholo Bay, North
 
 4 Kona, Hawaii, for public lands located inland of Kiholo Bay,
 
 5 North Kona, Hawaii.
 
 6      These private lands are found at the location identified as
 
 7 TMK (3) 7-1-02:02 and have significant recreational,
 
 8 environmental, and cultural value to the people of Hawaii.  This
 
 9 shoreline property has an extensive coastal strand vegetation and
 
10 anchialine pools adjacent to a fine black sand beach fronting
 
11 Kiholo Bay.  This private parcel is surrounded by public lands,
 
12 and the legislature finds that public acquisition of this parcel
 
13 would consolidate holdings of public lands and improve access
 
14 from mauka public lands to the shoreline.
 
15      Kiholo Bay is a significant and productive marine ecosystem
 
16 and is a major site for green sea turtles to rest and feed.  The
 
17 State recognized the significant environmental value of the bay
 
18 when it designated Kiholo Bay as a fishery management area, with
 
19 specific restrictions to protect the sea turtles.
 

 
Page 2                                                     2309
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      The general area of Kiholo Bay has historical importance as
 
 2 the location of an historical fishing village that was once the
 
 3 abode of Kamanawa, who along with his twin brother, Kame`eiamoku,
 
 4 were great chiefs and supporters of King Kamehameha.  The
 
 5 brothers both appear on the official shield of the Hawaiian
 
 6 Kingdom.  The great Kiholo fishpond, built for King Kamehameha,
 
 7 was located in this area before it was destroyed by lava in the
 
 8 1850s.
 
 9      Earl E. Bakken has proposed to exchange these private lands
 
10 for a nine-acre parcel of public land at the location identified
 
11 as a portion of TMK (3) 7-1-02:08, inland of Kiholo Bay, North
 
12 Kona, Hawaii.  These public lands are of significantly less
 
13 public value due to their very limited recreational resources.
 
14 In addition, these lands are located inland of the important and
 
15 productive coastal ecosystem.  This parcel of public land is also
 
16 located inland and adjacent to Bakken's current residence, a
 
17 single-family home.  The land is to be used for a caretaker's
 
18 residence.
 
19      This land exchange is consistent with the State's commitment
 
20 to expand public recreational resources along the shoreline by
 
21 obtaining coastal lands of significant recreational,
 
22 environmental, and cultural value.  This land exchange would also
 
23 provide the State with additional land on Kiholo Bay that will
 

 
Page 3                                                     2309
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1 afford the State greater flexibility in the development of a
 
 2 state park at Kiholo Bay.
 
 3      The purpose of this Act is to allow the exchange of private
 
 4 and public lands located in North Kona, Hawaii.
 
 5      SECTION 2.  Notwithstanding section 171-50(b), Hawaii
 
 6 Revised Statutes, the legislature approves the land exchange
 
 7 involving private lands at Kiholo Bay, North Kona, Hawaii, owned
 
 8 by Earl E. Bakken identified as TMK (3) 7-1-02:02 and public
 
 9 lands located inland of Kiholo Bay, North Kona, Hawaii,
 
10 identified as a portion of TMK (3)7-1-02:08; provided that:
 
11      (1)  The public lands shall be less than or of substantially
 
12           equal "fair market" value to that of the private land;
 
13      (2)  The "fair market" value of the private lands and the
 
14           public lands shall be separately determined by a
 
15           disinterested qualified appraiser or appraisers, and
 
16           the cost shall be borne equally between the owner and
 
17           the board of land and natural resources; and
 
18      (3)  No payment by the State shall be required should the
 
19           private lands exceed the value of the public lands, but
 
20           any difference in the value of the public lands over
 
21           the private lands shall be paid to the State at the
 
22           time of the exchange; provided that no exchange shall
 

 
 
 
Page 4                                                     2309
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1           be made should the value of the public lands exceed one
 
 2           hundred twenty per cent of the value of the private
 
 3           lands.
 
 4      SECTION 3.  Notwithstanding section 171-50(c), Hawaii
 
 5 Revised Statutes, the legislature approves the land exchange
 
 6 involving private lands at Kiholo Bay, North Kona, Hawaii, owned
 
 7 by Earl E. Bakken at the location identified as TMK (3) 7-1-
 
 8 02:02, and public lands located inland of Kiholo Bay, North Kona,
 
 9 Hawaii, at the location identified as a portion of TMK (3)7-1-
 
10 02:08; provided that the following conditions are met:
 
11      (1)  An exchange deed shall be executed between the parties
 
12           and contain the following:
 
13           (A)  The location and area of the parcels of land to be
 
14                exchanged;
 
15           (B)  The value of the lands to be conveyed by the State
 
16                and Earl E. Bakken;
 
17           (C)  The name or names of the appraisers involved; and
 
18           (D)  The date of the appraisal or appraisals which
 
19                shall not be more than six months prior to the
 
20                date of the final approval of the land exchange by
 
21                the board of land and natural resources; and
 

 
 
 
 
 
Page 5                                                     2309
                                     H.B. NO.           H.D. 1
                                                        
                                                        

 
 1      (2)  All of the right, title, and interest in the
 
 2           approximately three acres area located at TMK (3)7-1-
 
 3           02:02 obtained from Earl E. Bakken shall be conveyed in
 
 4           fee simple by deed to the State.
 
 5      SECTION 4.  This Act shall take effect upon its approval.