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THE SENATE |
S.C.R. NO. |
203 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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SENATE CONCURRENT
RESOLUTION
APPROVIng the FEE SIMPLE SALE OF NON-CEDED LANDS HELD BY THE university of hawaii in KAPOLEI, HAWAII.
WHEREAS, private, non-ceded lands in Kapolei were donated by the Campbell Estate to the University of Hawaii to build the University of Hawaii-West Oahu campus; and
WHEREAS, the private, non-ceded lands were donated on the specific conditions that a campus would be built that accommodates at least 2,750 students and that construction would begin by December 31, 2011, otherwise the lands would revert to the Campbell Estate; and
WHEREAS, one method of quickly raising funds to finance the construction would be to sell in fee simple portions of the outlying areas of the donated lands that are situated around the proposed site of the new Kapolei campus, and to use the proceeds from the sale of those adjoining lands to finance construction costs; and
WHEREAS, a current impediment to selling any state-owned lands in fee simple, whether the lands are ceded or not ceded, is Act 176, Session Laws of Hawaii 2009, which requires the prior approval of the Legislature by concurrent resolution to sell certain state land in fee simple and applies to land which the University of Hawaii holds title; and
WHEREAS, Act 176 establishes procedural requirements that might delay the sale of those lands adjoining the new Kapolei campus, which in turn might hopelessly delay construction of the new campus until after the end of 2011; and
WHEREAS, Act 176, appears to have created unintended operational difficulties for state agencies that need to sell or gift state-owned lands in a timely and efficient manner; and
WHEREAS, the University of Hawaii desires to sell in fee simple certain non-ceded lands adjoining the site of the campus to raise the funds in order to construct the campus, notwithstanding the requirements of Act 176, Session Laws of Hawaii 2009, and to comply with the conditions running with the donated lands; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the House of Representatives concurring, that any fee simple sale by the University of Hawaii of the non-ceded lands owned by the University of Hawaii situated around the Kapolei campus is hereby approved, notwithstanding any other procedural requirements of Act 176, Session Laws of Hawaii 2009; and
BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Chairperson of the Board of Regents of the University of Hawaii and the President of the University of Hawaii.
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OFFERED BY: |
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UH; Kapolei