REPORT TITLE:
Kona Land Exchange


DESCRIPTION:
Approves land exchange between the State and Earl E. Bakken, for
lands located in the Kiholo Bay vicinity of North Kona on the
island of Hawaii.  Repeals authorization on 6/30/01  (HD1)

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2529
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 2000                                H.D. 1
STATE OF HAWAII                                            
                                                             
________________________________________________________________
________________________________________________________________


                   A  BILL  FOR  AN  ACT

RELATING TO A 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 District, on the island of Hawaii for public lands located
 
 5 inland of Kiholo Bay, North Kona, Hawaii.
 
 6      These private lands, found at the location identified as TMK
 
 7 (3) 7-1-02:02, have significant recreational, environmental, and
 
 8 cultural value to the people of Hawaii.  This shoreline property
 
 9 has an extensive coastal strand, mature 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 private
 
13 parcel would effect a consolidation of holdings of public lands
 
14 and improve access from mauka public lands to the shoreline.
 
15      Kiholo Bay is a significant and productive marine ecosystem
 
16 and is a major area 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
 

 
Page 2                                                     2529
                                     S.B. NO.           S.D. 1
                                                        H.D. 1
                                                        

 
 1 specific restrictions to protect the sea turtles.
 
 2      The general area of Kiholo Bay has historical importance as
 
 3 the location of an historical fishing village that was once the
 
 4 abode of Kamanawa, who along with his twin brother, Kame'eiamoku,
 
 5 are the two great chiefs and supporters of King Kamehameha who
 
 6 appear on the official shield of the Hawaiian Kingdom.  The great
 
 7 Kiholo Fishpond, built for King Kamehameha, was located in this
 
 8 area, before it was destroyed by lava in the 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 as they have 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 the 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                                                     2529
                                     S.B. NO.           S.D. 1
                                                        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 lands;
 
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                                                     2529
                                     S.B. NO.           S.D. 1
                                                        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)
 
 8 7-1-02:02, and public lands located inland of Kiholo Bay, North
 
 9 Kona, Hawaii at the location identified as a portion of TMK (3)
 
10 7-1-02:08 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;
 
22      (2)  All of the right, title, and interest in the
 
23           approximately three acres located at TMK (3) 7-1-02:02
 

 
Page 5                                                     2529
                                     S.B. NO.           S.D. 1
                                                        H.D. 1
                                                        

 
 1           obtained from Earl E. Bakken shall be conveyed in fee
 
 2           simple by deed to the State of Hawaii; and
 
 3      (3)  The lands transferred to the State by Earl E. Bakken
 
 4           under this Act shall assume the same public land status
 
 5           as designated under Section 5 of the Admissions Act as
 
 6           the lands transferred to Earl E. Bakken by the State.
 
 7      SECTION 4.  This Act shall take effect upon its approval;
 
 8 provided that the authority granted to enter into a land exchange
 
 9 agreement by this Act shall be repealed on June 30, 2001.  Any
 
10 agreement executed between the State and Earl E. Bakken pursuant
 
11 to this Act prior to July 1, 2001, shall remain in force and
 
12 effect regardless of this Act's repeal.