Report Title:
Real Property; State Acquisitions; Appraisals
Description:
Clarifies the appraisal process for state acquisitions of real property; permits State to purchase land at a cost higher than appraisal if the Attorney General determines higher cost is justified. (SD2)
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THE SENATE |
S.B. NO. |
3084 |
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TWENTY-THIRD LEGISLATURE, 2006 |
S.D. 2 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
Relating to real property.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171-30, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:
"(e) The appraisal of private property to be acquired by the State may be performed by not more than three disinterested appraisers [whose services shall be contracted for by the State, and no]. For land acquisitions pursuant to chapter 173A, the attorney general may:
(1) Review, approve, and accept an existing appraisal if:
(A) The appraisal was completed within six months before the decision by the board approving the acquisition of the property; and
(B) The attorney general finds that the appraisal was performed according to the accepted professional standards for appraisals of real property; or
(2) Contract for independent appraisals from no more than three disinterested appraisers.
No land shall be purchased for a sum greater than the highest value fixed by the appraiser or appraisals; provided that the State, after review by the attorney general of the appraisals by the appraiser or appraisers [or the attorney general], may purchase the property at a value greater than the highest value if, after consultation with the department or another independent appraiser, the higher value is determined by [the appraiser or appraisers or] the attorney general to be justified and within the range of market value; provided further that this limitation shall not apply where acquisition is by condemnation. After the private property has been acquired or the State abandons the acquisition, these appraisal reports shall be available for inspection and copying by the public."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.