Report Title:
Department of Land and Natural Resources; Recreational-Residence Use Leases
Description:
Allows the department of land and natural resources to use the process of public auction to lease public lands for recreation-residence use. Sunsets 01/01/12. (SD1)
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2872 |
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TWENTY-FOURTH LEGISLATURE, 2008 |
S.D. 1 |
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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. For many decades, the State has granted permits or leases for recreation-residence use on public lands such as state parks and forest reserves for a term not to exceed twenty years. Some of these permits and leases have recently expired in state parks such as Koke‘e and Waimea canyon, Kaua‘i and have caused uncertainty in the process of leasing these sites. The purpose of this Act is to address the process of leasing public lands for recreation-residence use in locations at state parks or state forest reserves.
Currently, section 171-44, Hawaii Revised Statutes, allows the board of land and natural resources (board) to lease public lands for recreation-residence use by direct negotiation. This Act allows the board to utilize another process through public auction to lease public lands for recreation-residence use. In addition, this Act recognizes the current lessees or permittees and allows the board to offer these lessees or permittees an opportunity to match the winning bid. Further, this Act also allows the board to include in the public auction process a requirement that the bidder be a bona fide full-time resident of the State of Hawaii. The full-time resident requirement will ensure that the recreation-residence lots will be occupied more frequently to provide security for the health, safety, and welfare of the state parks or forest reserve and its visitors.
SECTION 2. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§171- Lease for recreation-residence use by public auction. Notwithstanding any limitations to the contrary, the board of land and natural resources may lease, by public auction, lands within a state park or forest reserve and other lands set aside under executive orders, for recreation-residence use for a period not to exceed twenty years on such terms and conditions as may be prescribed by the board.
The board may allow the most recent occupant of the lands (whether such occupant held by lease or revocable permit) the right to match the winning bid at auction, provided that the most recent occupant otherwise possesses such other qualifications as the board may prescribe pursuant to section 171-6.
The board may include the requirement that the bidder be a bona fide full-time resident of the State of Hawaii. The board may impose restrictions on transferability of such leases as may be necessary to effectuate the intention of this section and such restrictions may include, but not be limited to, prohibition of any transfers and prohibition against bidding by any person or entity other than natural persons, married couples, or domestic partners."
SECTION 3. The department of land and natural resources is required to enforce all provisions of recreation-residential lease agreements and shall establish a schedule of penalties and fines for any breach of the provisions of a recreation-residential lease agreement unless penalties and fines are specified in the lease agreement.
SECTION 4. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval and shall be repealed on January 1, 2012.