Report Title:

Historic Preservation; Eminent Domain

Description:

Requires DLNR to ensure sufficient buffers for public historic and cultural properties. Specifies that acquisition of surrounding lands for buffers is a taking of private property for public use.

HOUSE OF REPRESENTATIVES

H.B. NO.

2855

TWENTY-THIRD LEGISLATURE, 2006

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to historic preservation.

 

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

SECTION 1. Chapter 6E, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§6E- Historic and cultural properties buffers; public use. (a) The department shall ensure that public historic and cultural properties have sufficient surrounding public lands to serve as a buffer for the protection and preservation of the public historic and cultural properties.

(b) The acquisition of private lands to serve as a buffer for the protection and preservation of public historic and cultural properties shall be deemed a taking of private property for public use pursuant to section 101-2."

SECTION 2. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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