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THE SENATE |
S.B. NO. |
708 |
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TWENTY-SEVENTH LEGISLATURE, 2013 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE LEGACY LAND CONSERVATION PROGRAM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 173A-4, Hawaii Revised Statutes, is amended to read as follows:
"§173A-4 Authority to acquire
and convey; easement, deed restriction, or covenant required [and];
exemption. (a) In consultation with the senate president and speaker of
the house of representatives, the board may acquire, by purchase, gift, or the
exercise of the power of eminent domain as authorized by chapter 101, any land
having value as a resource to the State. Such acquisition is hereby declared
to be for a public use.
(b) The board may, subject to chapter 171, in consultation with the senate president and speaker of the house of representatives, and with the approval of the governor, sell, lease, or otherwise convey any such land subject to terms and conditions that it deems appropriate and that will ensure that the transferee shall not use the land in a manner that is inconsistent with the purposes for which it was acquired by the board. The terms and conditions shall run with the land and shall be binding on the transferee's heirs, successors, and assigns. The board may seek enforcement of the terms and conditions in any court of appropriate jurisdiction.
(c) The board shall, in consultation with the
senate president and the speaker of the house of representatives, require as a
condition of the receipt of funds that state and county agencies receiving
funds under this chapter provide a conservation easement under chapter 198, or
an agricultural easement or deed restriction or covenant to the department of
land and natural resources; the department of agriculture; the agribusiness
development corporation; the public land development corporation; an
appropriate land conservation organization; or [a county,] an
appropriate state [, or federal natural resource conservation]
agency, that shall run with the land and be recorded with the land to ensure
the long-term protection of land having value as a resource to the State and
preserve the interests of the State. The board shall require as a condition of
the receipt of funds that it be an owner of any such conservation or
agricultural easement[.], deed restriction, or covenant.
(d) The board shall, in consultation with the
senate president and the speaker of the house of representatives, require as a
condition of the receipt of funds that nonprofit land conservation
organizations receiving funds under this chapter provide a conservation
easement under chapter 198, or an agricultural easement or deed restriction or
covenant to the department of land and natural resources; the department of
agriculture; the agribusiness development corporation; the public land
development corporation; an appropriate land conservation agency; or an
appropriate [county,] state[, or federal natural resource
conservation] agency, that shall run with the land and be recorded with the
land to ensure the long-term protection of land having value as a resource to
the State and preserve the interests of the State. The board shall require as
a condition of the receipt of funds that it be an owner of any such
conservation or agricultural easement[.], deed restriction, or
covenant.
(e) The board or an appropriate land
conservation organization or [county,] state[, or federal] agency
required to be provided an easement, deed restriction, or covenant pursuant
to this section may grant an exemption for any easement, deed restriction,
or covenant required pursuant to this section.
(f) State agencies shall adopt rules pursuant to chapter 91 necessary to implement this section."
SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 3. This Act shall take effect upon its approval.
Report Title:
Legacy Land Conservation Program; Grant Awards; Easement; Deed Restriction; Covenant
Description:
Repeals the requirement that state and county agencies and nonprofit land conservation organizations that receive legacy land funding must provide easements, deed restrictions, or covenants to county and federal natural resource conservation agencies. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.