WHEREAS, section 171-50, Hawaii Revised Statutes (HRS), provides that land exchanges of public land for private land are 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 following the date of the Board of Land and Natural Resources' (Board) approval in principle of the exchange; and

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

WHEREAS, Tiana Partners owns an undivided .479816032 interest in said lands; and

WHEREAS, the Hawaiian Humane Society owns an undivided .520183968 interest in said lands; and

WHEREAS, the Hawaiian Humane Society acquired said interest from Elisabeth J.K.L. Lucas by deed documents dated December 28, 1976, and December 30, 1982, 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 represents a springing executory interest in favor of the State of Hawaii with regard to the Hawaiian Humane Society’s undivided .520183968 interest in said land, that only would vest upon the Hawaiian Humane Society’s failure to use said land as specified ("State's interest"); and

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

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

WHEREAS, Parcel 2, which is a portion of said lands, 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; and

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

WHEREAS, DLNR, Division of Forestry and Wildlife, considers Parcel 2 to be a good addition to the public holdings within the Honolulu Watershed Forest Reserve for watershed protection and other public use purposes; and

WHEREAS, Tiana Partners and Hawaiian Humane Society propose a land exchange pursuant to section 171-50, HRS, whereby Tiana Partners and the Hawaiian Humane Society have agreed 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 .520183968 interest in said lands in exchange for Tiana Partners and the Hawaiian Human Society conveying a 100 percent undivided fee simple interest in Parcel 2 to the State of Hawaii; and

WHEREAS, at the December 8, 2006, Board meeting, the Board approved in principle the proposed exchange involving the State's interest in Parcels 1, 2, 20, and 21, under agenda item D-14; and

WHEREAS, at the December 14, 2007, Board meeting, the Board approved an amendment to its prior action to reflect the parties' intent to exchange present and future interest in land in Parcels 1, 2, 20, and 21, under agenda item D-15; and

WHEREAS, under Section 171-50, HRS, 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 following the date of the Board's approval in principle of the 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, be reviewed by the Legislature:

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

Statute: Section 171-50, HRS, 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.

	OFFERED BY:	_____________________________

Report Title:

BLNR; land exchange; submittal to legislature

HOUSE OF REPRESENTATIVES	H.C.R. NO.	348
TWENTY-FOURTH LEGISLATURE, 2008
STATE OF HAWAII