HOUSE OF REPRESENTATIVES	H.C.R. NO.	316
TWENTY-FIFTH LEGISLATURE, 2010		H.D. 2
STATE OF HAWAII

HOUSE 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 (UH) to build the UH-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 (SLH) 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, SLH 2009, 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, SLH 2009, 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, UH desires to sell in fee simple certain non-ceded lands adjoining the site of the campus to raise the funds to construct the campus, pursuant to the requirements of Act 176, SLH 2009, and to comply with the conditions running with the donated lands; and

     WHEREAS, the appraisal has been conducted listing:

(1)  The appraisal value;

(2)  The names of all appraisers performing the appraisals; and

(3)  The date of the appraisal valuation,

all in accordance with Act 176, however, as UH is currently in negotiations with bidders, UH cannot disclose the appraisal amount but will provide such information at the conclusion of negotiations which is expected shortly; now, therefore,

     BE IT RESOLVED by the House of Representatives of the Twenty-fifth Legislature of the State of Hawaii, Regular Session of 2010, the Senate concurring, that UH is hereby authorized to sell the fee simple interest in non-ceded lands situated around the Kapolei campus, identified as Tax Map Key No. (1) 9-1-16-181, pursuant to the requirements of Act 176, SLH 2009; provided that this authorization shall not be effective until this House Concurrent Resolution is amended to reflect the information required by Act 176, SLH 2009, including:

(1)  The appraisal value of the land to be sold;

(2)  The names of all appraisers performing the appraisals of the land to be sold;

(3)  The date of the appraisal valuation; and

(4)  A detailed summary of any development plans for the land to be sold;

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 President of the University of Hawaii.

Report Title:

UH; Sale of land; Kapolei