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THE SENATE |
S.B. NO. |
2125 |
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TWENTY-EIGHTH LEGISLATURE, 2016 |
S.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO THE RIGHT OF FIRST REFUSAL FOR THE DISPOSITION OF REMNANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The purpose of this Act is to give the office of Hawaiian affairs the right of first refusal for any disposition of public lands classified as remnants under section 171-52, Hawaii Revised Statutes.
SECTION 2. Section 171-52, Hawaii Revised Statutes, is amended by amending subsection (c) to read as follows:
"(c) Disposition. Remnants or portions
thereof may be disposed of by the board of land and natural resources without
recourse to public auction in the manner set forth herein. Any remnant or portion
thereof to be disposed of shall be first offered for sale to the office of
Hawaiian affairs at a reasonable price based on appraised value. The remnant
or portion thereof shall be offered to the office of Hawaiian affairs for a
reasonable amount of time prior to offering the remnant for sale to any other
person or entity; provided that if the office of Hawaiian affairs elects to
purchase the remnant, any abutting landowner whose access to a street requires
an easement across the remnant shall be offered such an easement for a
reasonable amount of time and for a reasonable price based on appraised value,
with the price of the remnant to be sold to the office of Hawaiian affairs
reduced accordingly. If the office of Hawaiian affairs declines to purchase
the remnant or portion thereof to be disposed, the remnant or portion thereof
may then be offered for sale to the abutting owner for a reasonable period
of time at a reasonable price based on appraised value. [In the event that]
If one abutting landowner lacks access to a street, and [such]
access can be secured by disposition of the remnant, [such] the
remnant shall be first offered for sale to [such] the abutting
owner, or subdivided so as to protect the access of all abutting landowners.
If there is more than one abutting owner who is interested in purchasing the
remnant, it shall be sold to the one submitting a sealed bid containing the
highest offer above the appraised value. If the remnant abuts more than one
parcel, the board may subdivide the remnant so that a portion thereof may be
sold to each abutting owner at the appraised value; provided that no remnant
shall be sold to any abutting owner unless the remnant, when combined or
consolidated with the abutting property, shall constitute a lot acceptable to
the appropriate agency of the county in which the remnant lies; and provided
further that appropriate language shall be included in any document of
conveyance of [such] the remnant to assure use of the remnant in
accordance with the applicable ordinances, rules, and regulations of the county
concerned."
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:
OHA Package; Disposition of Remnants; Right of First Refusal
Description:
Provides the office of Hawaiian affairs with the right of first refusal for any disposition of public lands classified as remnants. (SD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.