SB3072 SD1.DOC

SECTION 1. The legislature finds that prior to being acquired by the State, Waiahole valley was held by the Marks estate, which was largely undeveloped and consisted of residences and farming under short-term leases or oral agreements. The Marks estate sold rights to develop Waiahole valley for residential use. The sale of development rights sparked public outcry against the proposed urbanization of rural agricultural lands. In 1977, the governor authorized the Hawaii housing authority to acquire the Marks estate in furtherance of the public purpose of preserving the rural agricultural nature of the valley. The authority acquired the property via a disbursement of $6,160,000 from the dwelling unit revolving fund.

In 1978, the Hawaii housing authority adopted a resolution setting forth its policies for the future use of Waiahole valley. The resolution stated that the valley would be developed as a farming community and include residential, commercial, community, and public facilities uses, and that viable agricultural lands would be developed to the fullest potential feasible.

Following the completion of condemnation proceedings in 1986, the housing finance and development corporation constructed infrastructure and subdivided the valley into what is now known as the Waiahole valley agricultural park and residential lots subdivision. In 1993, the legislature enacted Act 330, Session Laws of Hawaii 1993, which authorized the department of land and natural resources to convey ten additional parcels in Waiahole valley to the housing finance and development corporation.

The legislature further finds that the current owner of the Waiahole valley agricultural park and residential lots subdivision, the Hawaii housing finance and development corporation, does not have the expertise in agriculture or agricultural lands while the agribusiness development corporation does. The Waiahole valley agricultural park and residential lots subdivision at present is not being managed and developed for agricultural use to its fullest potential.

The purpose of this Act is to transfer title to the Waiahole valley agricultural park and residential lots subdivision from the Hawaii housing finance and development corporation to the agribusiness development corporation to fulfill the public purpose of maintaining the agricultural nature of the valley.

SECTION 2. The following parcels of land, identified by tax map key number, are hereby transferred from the Hawaii housing finance and development corporation to the agribusiness development corporation:

Tax map key number Tax map key number

(1)4-8-01-001 (1)4-8-01-004 (1)4-8-01-019 (1)4-8—01-020 (1)4-8-07-001 (1)4-8-07-003 (1)4-8-07-005 (1)4-8-07-006 (1)4-8-07-008 (1)4-8-07-009 (1)4-8-07-010 (1)4-8-07-011 (1)4-8-07-013 (1)4-8-07-014 (1)4-8-08-001 (1)4-8-08-002 (1)4-8-08-008 (1)4-8-08-010 (1)4-8-08-012 (1)4-8-08-016 (1)4-8-08-018 (1)4-8-08-019 (1)4-8-08-020 (1)4-8-08-021 (1)4-8-08-022 (1)4-8-08-023 (1)4-8-08-024 (1)4-8-08-025 (1)4-8-08-026 (1)4-8-08-027 (1)4-8-08-028 (1)4-8-08-030 (1)4-8-08-031 (1)4-8-08-032 (1)4-8-08-033 (1)4-8-08-034 (1)4-8-08-035 (1)4-8-09-001 (1)4-8-09-002 (1)4-8-09-004 (1)4-8-09-007 (1)4-8-09-008 (1)4-8-09-012 (1)4-8-09-014 (1)4-8-09-016 (1)4-8-09-017 (1)4-8-09-018 (1)4-8-09-021 (1)4-8-09-022 (1)4-8-09-023 (1)4-8-09-026 (1)4-8-09-027 (1)4-8-09-028 (1)4-8-09-029 (1)4-8-09-030 (1)4-8-09-031 (1)4-8-09-032 (1)4-8-09-033 (1)4-8-09-034 (1)4-8-09-035 (1)4-8-10-002 (1)4-8-10-003 (1)4-8-10-005 (1)4-8-10-006 (1)4-8-10-007 (1)4-8-10-008 (1)4-8-11-001 (1)4-8-11-002 (1)4-8-11-009 (1)4-8-11-010 (1)4-8-11-011 (1)4-8-11-014 (1)4-8-11-015 (1)4-8-11-016 (1)4-8-11-017 (1)4-8-11-018 (1)4-8-11-020 (1)4-8-11-021 (1)4-8-11-022 (1)4-8-11-025 (1)4-8-11-027 (1)4-8-11-029 (1)4-8-11-030 (1)4-8-11-031 (1)4-8-11-034 (1)4-8-11-036 (1)4-8-11-039 (1)4-8-11-040 (1)4-8-11-041 (1)4-8-11-042 (1)4-8-11-043 (1)4-8-11-046 (1)4-8-11-047 (1)4-8-11-048 (1)4-8-12-001 (1)4-8-12-005 (1)4-8-12-010 (1)4-8-12-020 (1)4-8-12-021 (1)4-8-12-022 (1)4-8-12-023 (1)4-8-12-024 (1)4-8-12-026 (1)4-8-12-027 (1)4-8-12-028 (1)4-8-12-029 (1)4-8-12-030 (1)4-8-12-031 (1)4-8-12-032 (1)4-8-12-034 (1)4-8-12-035 (1)4-8-12-036 (1)4-8-12-037 (1)4-8-12-038 (1)4-8-12-039 (1)4-8-12-040 (1)4-8-12-041 (1)4-8-12-042 (1)4-8-12-043 (1)4-8-12-044 (1)4-8-12-045 (1)4-8-12-046 (1)4-8-12-047 (1)4-8-12-048 (1)4-8-12-049 (1)4-8-12-050

The transfer shall be effective immediately. The Hawaii housing finance and development corporation shall be responsible for properly documenting the change in title.

SECTION 3. All rights, powers, functions, and duties with respect to the administration of Waiahole valley agricultural park and residential lots subdivision are transferred from the Hawaii housing finance and development corporation to the agribusiness development corporation.

Every reference to the corporation or its predecessor agencies, the Hawaii housing authority, the housing finance and development corporation, and the housing and community development corporation of Hawaii, in all deeds, leases, contracts, loans, agreements, permits, or other documents executed or entered into by or on behalf of the corporation with respect to the Waiahole valley agricultural park and residential lots subdivision shall be construed as a reference to the agribusiness development corporation.

SECTION 4. This Act shall take effect upon its approval.

THE SENATE	S.B. NO.	3072
TWENTY-SIXTH LEGISLATURE, 2012		S.D. 1
STATE OF HAWAII