Report Title:
Public Lands; Disposition
Description:
Provides legislature power to disapprove of any disposition of public lands in fee simple, by lease with option to purchase, or by grant of easement in perpetuity by BLNR, HCDA, and High Technology Development Corporation.
HOUSE OF REPRESENTATIVES |
H.B. NO. |
2112 |
TWENTY-THIRD LEGISLATURE, 2006 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171-13, Hawaii Revised Statutes, is amended to read as follows:
"§171-13 Disposition of public lands[.]; disapproval by legislature. (a) Except as otherwise provided by law and subject to other provisions of this chapter, the board may:
(1) Dispose of public land in fee simple, by lease, lease with option to purchase, license, or permit; and
(2) Grant easement by direct negotiation or otherwise for particular purposes in perpetuity on such terms as may be set by the board, subject to reverter to the State upon termination or abandonment of the specific purpose for which it was granted, provided the sale price of such easement shall be determined pursuant to section 171-17(b).
(b) No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands cancelled for failure to satisfy the terms and conditions thereof.
(c) Any disposition of public lands in fee simple, by lease with option to purchase, or grant of easement in perpetuity shall be subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by majority vote of both in any regular or special session following the date of the board of land and natural resources' approval in principle of the disposition. The department shall submit for introduction to the legislature a resolution for review of action on any disposition in fee simple, by lease with option to purchase, or grant of easement in perpetuity to be consummated by the board wherein deeds, leases, or grants will be executed by the parties together with the following information:
(1) The location and area of the parcel of land to be disposed of;
(2) The appraised value of the land to be disposed of;
(3) The name of the real estate appraiser that appraised the land to be disposed of;
(4) The name of the proposed grantee or lessee; and
(5) Copies of the dispositive documents."
SECTION 2. Chapter 206E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§206E- Disposition of property, disapproval by legislature. Any disposition of lands by the authority in fee simple, by lease with option to purchase, or grant of easement in perpetuity shall be subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by majority vote of both in any regular or special session following the date of the authority's approval in principle of the disposition. The authority shall submit for introduction to the legislature a resolution for review of action on any disposition in fee simple, by lease with option to purchase, or grant of easement in perpetuity to be consummated by the authority wherein deeds, leases, or grants will be executed by the parties together with the following information:
(1) The location and area of the parcel of land to be disposed of;
(2) The appraised value of the land to be disposed of;
(3) The name of the real estate appraiser that appraised the land to be disposed of;
(4) The name of the proposed grantee or lessee; and
(5) Copies of the dispositive documents."
SECTION 3. Chapter 206M, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§206M- Disposition of property, disapproval by the legislature. Any disposition of lands by the corporation in fee simple, by lease with option to purchase, or grant of easement in perpetuity shall be subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by majority vote of both in any regular or special session following the date of the corporation's approval in principle of the disposition. The corporation shall submit for introduction to the legislature a resolution for review of action on any disposition in fee simple, by lease with option to purchase, or grant of easement in perpetuity to be consummated by the board wherein deeds, leases, or grants will be executed by the parties together with the following information:
(1) The location and area of the parcel of land to be disposed of;
(2) The appraised value of the land to be disposed of;
(3) The name of the real estate appraiser that appraised the land to be disposed of;
(4) The name of the proposed grantee or lessee; and
(5) Copies of the dispositive documents."
SECTION 4. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 5. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 6. This Act shall take effect upon its approval.
INTRODUCED BY: |
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