WHEREAS, any exchange of public land for private land is 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 pursuant to section 171-50, Hawaii Revised Statutes; and

WHEREAS, Tiana Partners, a Hawaii general partnership, and the Hawaiian Humane Society, a Hawaii nonprofit corporation, are owners as tenants-in-common of land situate in Niu, Honolulu, Oahu, identified as Tax Map Keys: (1) 3-7-04:01 (Parcel 1), 02 (Parcel 2), 20 (Parcel 20), and 21 (Parcel 21); and

WHEREAS, Tiana Partners owns an undivided interest of .479816032 in the land and the Hawaiian Humane Society owns an undivided interest of .520183968 in the land; and

WHEREAS, the Hawaiian Humane Society acquired its interest in the land from Elisabeth J. K. L. Lucas by deeds dated December 28, 1976, and December 30, 1982; and

WHEREAS, the transfer of land to the Hawaiian Human Society was subject to the condition that the property be used for the benefit of the public for the operation of an educational preserve for flora and fauna, to be made accessible as an educational preserve for the public under the control of the Hawaiian Humane Society, its successors and assigns, and, if not used, then to the State of Hawaii, its successors and assigns, for and as a public park; and

WHEREAS, this condition on the Hawaiian Humane Society's undivided interest in the land is a springing executory interest in favor of the State of Hawaii that vests if the Hawaiian Humane Society fails to use the land as specified; and

WHEREAS, the lands are in a remote and steep area that is not conducive for use as a public park; and

WHEREAS, the Department of Land and Natural Resources' Division of State Parks does not have adequate resources to maintain the land as a park reserve; and

WHEREAS, the portion of the land previously referred to as parcel 2 is located within the Honolulu Watershed Forest Reserve as established by Governor's proclamation dated October 13, 1913, as amended by Governor's proclamation dated December 24, 1926; Honolulu Watershed Forest Reserve; and

WHEREAS, lands abutting parcel 2 along its easterly boundary are public lands that are also within the Honolulu Watershed Forest Reserve; and

WHEREAS, the Department of Land and Natural Resources' Forestry and Wildlife Division considers parcel 2 to be a good addition to the public holdings within the Honolulu Watershed Forest Reserve for watershed protection and other public purposes; and

WHEREAS, Tiana Partners and the Hawaiian Humane Society are proposing a land exchange pursuant to section 171-50, Hawaii Revised Statutes, whereby Tiana Partners and the Hawaiian Humane Society agree to allow the Hawaiian Humane Society to convey its interest in parcels 1, 20, and 21 to Tiana Partners in exchange for cash and other consideration, subject to the State of Hawaii relinquishing its springing executory interest in the Hawaiian Humane Society's undivided interest in the lands; and

WHEREAS, in exchange for the State relinquishing its springing executory interest in the Hawaiian Humane Society's undivided interest in parcels 1, 20, and 21, Tiana Partners and the Hawaiian Human Society agree to convey an undivided fee simple interest in parcel 2 to the State; and

WHEREAS, the Board of Land and Natural Resources approved the proposed exchange involving the State's interest in land known as parcels 1, 2, 20, and 21, in principle, at December 8, 2006, meeting under agenda item D-14; and

WHEREAS, at a December 14, 2007, meeting under agenda item D-15, the Board of Land and Natural Resources approved to amend its prior action to reflect the parties' intent to exchange present and future interests in the land known as parcels 1, 2, 20, and 21; and

WHEREAS, since section 171-50, Hawaii Revised Statutes, requires any exchange of public land for private land to be subject to disapproval by the Legislature, the Legislature should review the proposed land exchange; now, therefore,

BE IT RESOLVED by the House of Representatives of the Twenty-fourth Legislature of the State of Hawaii, Regular Session of 2008, the Senate concurring, that the following exchange, approved by the Board of Land and Natural Resources (Board), be reviewed by the Legislature:

LAND EXCHANGE BETWEEN TIANA PARTNERS, HAWAIIAN HUMANE SOCIETY AND STATE OF HAWAII

Statute: Section 171-50, Hawaii Revised Statutes, as amended.

Purpose: Addition to the public holdings within the Honolulu Watershed Forest Reserve

Date of Board Approval in Principle: December 8, 2006

Date of Board Approval of Amendment: December 14, 2007

I. TIANA PARTNERS AND HAWAIIAN HUMANE SOCIETY TO CONVEY TO THE STATE OF HAWAII A 100% UNDIVIDED FEE SIMPLE INTEREST IN:

Location Tax Map Key Area Appraised Value

Niu, (1) 3-7-04:02 ±263.0 acres $ 710,000

Oahu

II. THE STATE OF HAWAII TO CONVEY TO TIANA PARTNERS AND HAWAIIAN HUMANE SOCIETY ITS SPRINGING EXECUTORY INTEREST IN THE HAWAIIAN HUMANE SOCIETY'S UNDIVIDED .520183968 INTEREST IN:

Location Tax Map Key Area Appraised Value

Niu, (1) 3-7-04:01,

Oahu 02, 20, and 21 ±680.58 acres $67,000

III. NAME OF DISINTERESTED APPRAISERS WHO APPRAISED THE PROPERTIES

Public Interest

Appraisal Hawaii Inc., pursuant to appraisal report dated November 6, 2007, and amendment report dated February 14, 2008, both of which indicate the effective date of value as being December 8, 2006.

Private Land

Appraisal Hawaii Inc., pursuant to appraisal report dated November 6, 2007, and amendment report dated February 14, 2008, both of which indicate the effective date of value as being December 8, 2006.

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Speaker of House of Representatives, President of the Senate, and the Chairperson of Board of Land and Natural Resources.

	OFFERED BY:	_____________________________

Report Title:

Public Land; Exchange for Private Land

HOUSE OF REPRESENTATIVES	H.C.R. NO.	343
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII