THE SENATE	S.B. NO.	761
TWENTY-EIGHTH LEGISLATURE, 2015		S.D. 1
STATE OF HAWAII

A BILL FOR AN ACT

RELATING TO PUBLIC LANDS.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  The purpose of this Act is to provide a process for resolving disputes regarding the fair market value or fair rental value of public land in sale, lease, or repurchase transactions involving the board of land and natural resources by requiring mediation unless the tenant opts out of mediation and prefers to proceed directly to arbitration.

     SECTION 2.  Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"§171-   Mandatory mediation in lease cases. In cases of determining the fair market value or fair rental value of public land in sale, lease, or repurchase transactions involving the board of land and natural resources, the parties shall proceed by mandatory mediation, unless the tenant opts out of mediation and prefers to proceed directly to arbitration.  Arbitration procedures shall proceed as provided in this chapter."

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2050.

Report Title:

Public Lands; Board of Land and Natural Resources; Disputes; Mediation; Arbitration; Reopening Lease

Description:

Provides that in cases of determining the fair market value or fair rental value of public land in sale, lease, or repurchase transactions involving the board of land and natural resources, the parties shall proceed by mandatory mediation, unless the tenant opts out of mediation and prefers to proceed directly to arbitration.  Effective 7/1/2050.  (SD1)

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