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HOUSE OF REPRESENTATIVES |
H.B. NO. |
2689 |
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TWENTY-FIFTH LEGISLATURE, 2010 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to agricultural water systems.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The Hawaii Constitution mandates that the State conserve and protect agricultural lands, promote diversified agriculture, increase agricultural self-sufficiency, and assure the availability of agriculturally suitable lands. The most valuable agricultural lands are lands that are irrigated.
With the ending of sugarcane and pineapple production, many of the irrigation systems developed by the plantations, such as the Waiahole Irrigation System and the Kekaha Irrigation System, have been taken over by the State. Currently, however, conveyance of an irrigation system to the State requires the subdivision of the land being conveyed as part of the system.
Reported Hawaii supreme court cases, including Whitlow v. Jennings, 40 Haw. 523 (1954), have recognized that transactions involving lots that have not been approved by the county pursuant to subdivision laws or county ordinances may be unenforceable. Unfortunately, the process of obtaining county, state, and land court approval of subdivision and easement maps is relatively time-consuming and often requires more than one year to complete.
The goal of this bill is to facilitate the gifting of irrigation systems to the department of agriculture while ensuring that the assets of the system being conveyed are adequately described and recorded, and that notice of the conveyance be given to the appropriate county.
SECTION 2. Chapter 167, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:
"§167- Agricultural water systems; acquisition. (a) The board may acquire or contract to acquire by grant, purchase, gift, or other devise the real, personal, or mixed property of an agricultural water system to provide water for irrigation of agricultural lands.
(b) The owner of an agricultural water system to be acquired pursuant to subsection (a) shall provide to the board a description of the system sufficient to identify the property being acquired, including a map and metes and bounds description of the land, and other information required for recording or filing under chapters 501 or 502, whichever may apply. Conveyance of agricultural water system property to the board shall be exempt from county subdivision requirements; provided that no additional lots of record are created and the division of land is solely for the purpose of identifying the agricultural water system being conveyed to the board.
(c) The board shall give notice of the conveyance of the property to the county in which the agricultural water system is located. The notice shall include a map and the metes and bounds description of the land conveyed as part of the system.
(d) The land court, bureau of conveyances, and other governmental agencies shall accept for filing and recording all instruments and maps pertaining to conveyances authorized pursuant to this section."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Agricultural Water Systems; Conveyance to State; Subdivision
Description:
Exempts conveyances of agricultural water systems to Board of Agriculture from subdivision requirements; requires notice of conveyance to applicable county.
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.