Report Title:

Public Lands; Disposition; Public Meetings

 

Description:

Requires the board of land and natural resources with respect to the disposition of public lands to any department or agency of the State, county, other political subdivision of the State, or any person to give public notice and hold public hearings in the senate district where the public land is situated. Does not include minor dispositions, including permits, licenses, rights of entry, public utility easements, or grants to any state or county department or agency for roadway or infrastructure improvements.

 

 

HOUSE OF REPRESENTATIVES

H.B. NO.

612

TWENTY-FOURTH LEGISLATURE, 2007

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to public lands.

 

 

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

 

     SECTION 1.  Section 171-5, Hawaii Revised Statutes, is amended to read as follows:

     "§171-5  Meetings, regular, special; quorum[.]; disposition of public lands.  (a)  Regular meetings of the board [of land and natural resources] shall be held not less than once a month and the board shall provide in its rules [and regulations] the number and dates for the regular meetings.  Special meetings may be called by the chairperson at any time by giving notice thereof to each member present in the State at least five days prior to the date of the special meeting; provided that notice shall not be required if all members present in the State agree and sign a written waiver of the notice.

     However, no final action involving disposition of public lands may be had at [such] the special meeting.

     Any action taken by the board shall be by a simple majority of the members of the board; provided that a simple majority of the members present at a meeting and qualified to vote shall be required to allow any decision pursuant to section 183C-6(b).  Four members of the board shall constitute a quorum to do business.  The board shall keep accurate records and minutes of all meetings, special and regular, and they shall be public records.  Copies of portions of the agenda relating to dispositions of land shall be made available to the public in the land office of each district at least three days before the meeting at which the matter will be discussed or voted upon.

     (b)  Whenever a board meeting is held to consider the disposition of public lands to any department or agency of the State, county, any other political subdivision of the State, or any other person, public notice shall be made not less than fourteen days before the date of the board meeting.  Notice shall be made statewide and in the county where the public land is situated pursuant to section 1-28.5 and be published at least once in each of two successive weeks.  The notice shall include:

     (1)  A general description of the public land, including the address and tax map key;

     (2)  A statement describing the specific use and purpose for which the disposition is intended;

     (3)  The consideration to be charged, if any; and

     (4)  The date, time, and place of the board meeting to be held in the senate district where the public land is situated.

The board shall afford all interested persons the opportunity to submit data, views, or arguments, orally or in writing.  The board shall fully consider all oral and written submissions respecting the disposition of the public land.  The board shall take action at the meeting or announce the date it intends to take action.

     (c)  Subsection (b) shall not apply to minor dispositions, including but not limited to permits, licenses, rights of entry, public utility easements, or grants to any state or county department or agency for roadway or infrastructure improvements."

     SECTION 2.  Section 171-11, Hawaii Revised Statutes, is amended to read as follows:

     "§171-11  Public purposes, lands set aside by the governor; management. (a) [The] Subsequent to public notice and a public hearing in the senate district in which the public land is situated, the governor [may], with the prior approval of the board [of land and natural resources], may set aside public lands to any department or agency of the State, [the city and county,] county, or other political [subdivisions] subdivision of the State for public use or purpose.  All withdrawals of the lands or portions thereof so set aside shall be made by the governor.

     Any public lands set aside by the governor prior to the enactment of this chapter, or any public lands set aside by the governor of the Territory of Hawaii, shall be subject to the provisions of this section.

     Lands while so set aside for [such] public use or purpose or when acquired for roads and streets shall be managed by the department, agency, [city and county,] county, or other political [subdivisions] subdivision of the State having jurisdiction thereof, unless otherwise provided by law.  [Such] The department, agency [of the State], [the city and county,] county, or other political [subdivisions] subdivision of the State in managing [such] the lands shall be authorized to exercise all of the powers vested in the board in regard to the issuance of leases, easements, licenses, revocable permits, concessions, or rights of entry covering [such] the lands for [such] public use as may be consistent with the purposes for which the lands were set aside on the same terms, conditions, and restrictions applicable to the disposition of public lands, as provided by this chapter all [such] these dispositions being subject to the prior approval of the board; provided that any nonrenewable dispositions granting rights for a period not in excess of fourteen days shall not require:

     (1)  [the] The approval of the board; or

     (2)  [public] Public auction or public advertisement for sealed tenders; and

provided further that disposition of lands set aside for use as agricultural parks pursuant to chapter 166 shall not be subject to the prior approval of the board.  If at the time of the disposition of any [such] leases the board shall have approved the same, any order withdrawing or setting aside any or all of [such] these lands for any other public purpose shall be made subject to [such] the leases.  Subject to section 5(f) of the Act of March 18, 1959 (73 Stat. 6), all proceeds from [such] these lands shall be deposited into the appropriate funds provided by law.

     (b)  This section shall also apply where the purposes are the uses and purposes of the United States; provided that all revenues derived from the lands and improve­ments thereon shall be paid to the department of land and natural resources by the United States.

     (c)  Whenever lands set aside for a public purpose to the various departments and agencies of the State, or to any [city and county,] county, or other political [subdivi­sions] subdivision of the State, or to the United States, are not being [utilized] used or required for the public purpose stated, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department.  The governor may withdraw public lands and, with the prior approval of the board [of land and natural resources], set aside the withdrawn lands to another department or agency of the State, [the city and county,] county, or other political subdivision of the State, or to the United States for public use or purpose[,]; provided that no structure on [such] the lands shall be built, demolished, or altered until after the legislative action or inaction as hereinbelow provided.

     (d)  The power granted to the governor in this section to set aside or withdraw or withdraw and set aside public lands shall be exercised subject to disapproval by the legislature by two-thirds vote of either the senate or the house of representatives or by the majority vote of both, in any regular or special session next following the date of the setting aside or withdrawal, or withdrawal and setting aside.

     (e)  Whenever portions of lands set aside for a public purpose to the various departments and agencies of the State, or to any [city and county,] county, or other political subdivision of the State are not presently [utilized] used or required for the public purpose stated, the board shall have the power, without withdrawing the order setting aside the lands, to dispose of any and all real property interest less than the fee in the portions of [such] the lands where the disposition is for a use [which] that is consistent or inconsistent with the purpose for which the land was set aside.  All funds derived from disposition by the board shall be deposited in the general fund of the State or [be] paid to the appropriate account; provided that all [such] the dispositions shall be with the prior written approval of the department, agency, [city and county,] county, or other political [subdivisions] subdivision of the State and the governor, and shall be undertaken in compliance with all other applicable sections of this chapter."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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