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THE SENATE |
S.R. NO. |
104 |
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TWENTY-SIXTH LEGISLATURE, 2011 |
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STATE OF HAWAII |
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SENATE RESOLUTION
requesting that the legacy land conservation commission apply a conservation easement as defined in section 198-1, hawaii revised statutes, to land acquired pursuant to the legacy land conservation program.
WHEREAS, the Legacy Lands Conservation Program established pursuant to chapter 173A, Hawaii Revised Statutes, serves the important purpose of preserving land that has natural, environmental, recreational, scenic, cultural, agricultural, or historic value; and
WHEREAS, issues that have arisen in the implementation of the Legacy Land Conservation Program may impact the fulfillment of the purpose of the Legacy Land Conservation Program; and
WHEREAS, the State invests significant amounts of public money in the acquisition of land under the Legacy Land Conservation Program; and
WHEREAS, under the current law, the Board of Land and Natural Resources is empowered, although not required, to impose a conservation easement as defined in section 198-1, Hawaii Revised Statutes, on land acquired under the Legacy Land Conservation Program for the purpose of ensuring the long-term protection of the land and preservation of the interests of the State; and
WHEREAS, a conservation easement imposed by the Board of Land and Natural Resources creates an interest in the land on the part of the State to enable the preservation and protection of natural, scenic, forested, or open-space conditions; structural integrity and physical appearance of cultural landscapes, resources, and sites that perpetuate indigenous Native Hawaiian culture; historical properties; traditional family cemeteries; and agricultural uses that persist through the later disposition of the land; and
WHEREAS, the purpose and functions of a conservation easement imposed pursuant to section 198-1, Hawaii Revised Statutes, are consistent with the purpose of the Legacy Land Conservation Program; now, therefore,
BE IT RESOLVED by the Senate of the Twenty-sixth Legislature of the State of Hawaii, Regular Session of 2011, that the Board of Land and Natural Resources is requested to impose a conservation easement as defined in section 198-1, Hawaii Revised Statutes, on all land acquired under the Legacy Land Conservation Program as provided in section 173A-4, Hawaii Revised Statutes, including land acquired prior to the date of adoption of this measure to which the State retains title; and
BE IT FURTHER RESOLVED that certified copies of this Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources and Chairperson of the Legacy Land Conservation Commission.
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OFFERED BY: |
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Legacy Land Conservation Commission; Conservation Easement