REPORT TITLE:
Kawainui Marsh; Land Purchase


DESCRIPTION:
Authorizes the acquisition of the land situated at the former
Kailua Drive-in by purchase or exchange of land and adds that
acquired land to the Kawainui Marsh Resource Management Plan.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        
THE SENATE                              S.B. NO.           1488
TWENTIETH LEGISLATURE, 1999                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO THE KAWAINUI MARSH.



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 save and protect lands that become available and are
 
 3 of value to the State.  The land that surrounds the old Kailua
 
 4 Drive-in of three hundred nineteen acres, extending down Quarry
 
 5 Road is strategically situated and a prime candidate for
 
 6 inclusion in the Kawainui Marsh resource management plan.  This
 
 7 Act provides for the acquisition of that land (tax map key 4-2-
 
 8 14-2) by purchase or by exchange with other public land and the
 
 9 placement of that land in the Kawainui Marsh resource management
 
10 plan.
 
11      SECTION 2.  The department of land and natural resources is
 
12 authorized to acquire the real property situated at tax map key
 
13 4-2-14-2 by purchase or by exchange with other public land.  The
 
14 chair of the board of land and natural resources shall make a
 
15 determination as to whether a purchase, by appropriation or the
 
16 sale of bonds as authorized by this Act, or the exchange of land
 
17 is the best course of action to acquire the land.  The acquired
 
18 land shall then be placed in the Kawainui Marsh resource
 
19 management plan.
 

 
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                                     S.B. NO.           1488
                                                        
                                                        

 
 1      SECTION 3.  If a land purchase is not executed pursuant to
 
 2 this Act, and notwithstanding the provision of section 171-50(b),
 
 3 Hawaii Revised Statutes, the twentieth legislature approves the
 
 4 land exchange involving the private land (tax map key no. 4-2-14-
 
 5 2) and public land in (location); provided that:
 
 6      (1)  The public lands shall be of substantially equal "fair
 
 7           market" value to that of the private land;
 
 8      (2)  The "fair market" value of the private land and the
 
 9           public land shall be separately determined by a
 
10           disinterested qualified appraiser or appraisers, and
 
11           the cost shall be borne equally between the landowner
 
12           and the board of land and natural resources; and
 
13      (3)  In determining the "fair market" value, the state land
 
14           shall be appraised as (land classification) and the
 
15           private land shall be appraised as (land
 
16           classification).
 
17      SECTION 4.  If a land purchase is not executed pursuant to
 
18 this Act, and notwithstanding section 171-50(c), Hawaii Revised
 
19 Statutes, the twentieth legislature approves the land exchange
 
20 involving private land (tax map key no. 4-2-14-2) and public land
 
21 in (location); provided that an exchange deed is executed between
 
22 the parties which contains the following:
 
23      (1)  The location and area of the parcel of land to be
 

 
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                                     S.B. NO.           1488
                                                        
                                                        

 
 1           exchanged;
 
 2      (2)  The value of the lands to be conveyed by the State and
 
 3           the private party;
 
 4      (3)  The name or names of the appraiser or appraisers; and
 
 5      (4)  The date of the appraisal which shall not be more than
 
 6           six months prior to the date of final approval of the
 
 7           exchange by the board of land and natural resources.
 
 8      SECTION 5.  If a land exchange is not executed pursuant to
 
 9 this Act, and the chair of the board of land and natural
 
10 resources determines that a purchase of the subject land using
 
11 general obligation bonds is the best course of action, the
 
12 director of finance is authorized to issue general obligation
 
13 bonds in the sum of $        , or so much thereof as may be
 
14 necessary, for fiscal year 1999-2000, and the same sum, or so
 
15 much thereof as may be necessary, is authorized for fiscal year
 
16 2000-2001, for the purchase of the land (tax map key no. 4-2-14-
 
17 2).
 
18      SECTION 6.  If a land exchange is not executed pursuant to
 
19 this Act, and the chair of the board of land and natural
 
20 resources determines that a purchase of the subject land using
 
21 general funds is the best course of action, there is appropriated
 
22 out of the general revenues of the State of Hawaii the sum of
 
23 $        , or so much thereof as may be necessary for fiscal year
 

 
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                                     S.B. NO.           1488
                                                        
                                                        

 
 1 1999-2000, and the same sum, or so much thereof as may be
 
 2 necessary, is authorized for fiscal year 2000-2001, for the
 
 3 purchase of the land (tax map key no. 4-2-14-2).
 
 4      SECTION 7.  The appropriations authorized in this Act shall
 
 5 not lapse at the end of the fiscal biennium for which the
 
 6 appropriation is made; provided that all appropriations that are
 
 7 unencumbered as of June 30, 2002, shall lapse as of that date.
 
 8      SECTION 8.  The sums appropriated shall be expended by the
 
 9 department of land and natural resources for the purposes of this
 
10 Act.
 
11      SECTION 9.  This Act shall take effect on July 1, 1999.
 
12 
 
13                           INTRODUCED BY:  _______________________