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HOUSE OF REPRESENTATIVES |
H.B. NO. |
1914 |
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TWENTY-SEVENTH LEGISLATURE, 2014 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO PUBLIC LANDS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that historic property is a unique and irreplaceable public trust resource. The legislature further finds that chapter 171, Hawaii Revised Statutes, fails to provide guidance with respect to public land involving historic property. The State, as trustee of the public trust assets, including those related to historic property, has duties greater than that of a business manager, and must take into consideration that the "beneficiaries of the public trust are not just present generations but those to come." In re Waiola O Molokai, 103 Hawaii'i 401, 421-22, 83 P.3d 664, 684-85 (2004).
The purpose of this Act is to establish guidelines to be met by the State before it conveys, transfers, or exchanges an interest in public land involving historic property.
SECTION 2. Section 6E-7, Hawaii Revised Statutes, is amended by amending subsection (b) to read as follows:
"(b) The department may [dispose of
the historic property] convey, transfer, or exchange any interest in:
(1) Property listed in or eligible for inclusion in the Hawaii register of historic places for which it holds title; or
(2) Public land involving property listed in or eligible for inclusion in the Hawaii register of historic places,
subject to chapter 171 [and subject further to
those]; provided that the conveyance, transfer, or exchange
substantially advances the interests of historic preservation and is protected
through reservations, restrictions, covenants, or conditions [which]
that relate to the preservation of the historic property[, such as]
or the public land involving the historic property being conveyed,
transferred, or exchanged, including rights of access, public visitation,
operation, maintenance, restoration, and repair. All reservations,
restrictions, covenants, or conditions for conveyance, transfer, or exchange of
property pursuant to this subsection shall be developed in consultation with
the state historic preservation division and reviewed under section 6E-8 and
its implementing regulations. The department shall determine the conditions
for any research affecting the historic property and may issue permits for the
research."
SECTION 3. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
Report Title:
Historic Property; Public Lands
Description:
Requires that conveyances, transfers, and exchanges of property listed or eligible for inclusion in the Hawaii Register of Historic Places be subject to review and advance the interest of historic preservation. (HB1914 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.