STAND. COM. REP. NO. 3000

Honolulu, Hawaii

RE:    H.B. No. 2604

       H.D. 1

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Twenty-Eighth State Legislature

Regular Session of 2016

State of Hawaii

Sir:

     Your Committee on Water, Land, and Agriculture, to which was referred H.B. No. 2604, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE ACQUISITION OF REAL PROPERTY,"

begs leave to report as follows:

     The purpose and intent of this measure is to clarify that acceptance by the Territorial Legislature or the Legislature of a dedication of land in the Kakaako Community Development District by a private owner is sufficient to convey title to the State.

     Your Committee received testimony in support of this measure from one individual.  Your Committee received testimony in opposition to this measure from the Department of Land and Natural Resources.  Your Committee received comments on this measure from the Department of the Attorney General, Hawaii Community Development Authority, and Chamber of Commerce Hawaii.

     Your Committee finds that there is currently a dispute regarding ownership of public rights-of-way in the Kakaako Community Development District.  Your Committee further finds that the Hawaii Community Development Authority is better suited than the Department of Land and Natural Resources to take title to and manage real property within the Kakaako Community Development District.

     Your Committee has amended this measure by:

     (1)  Moving the proposed language from section 171-30, Hawaii Revised Statutes, relating to acquisition of real property by the Department of Land and Natural Resources, to a new section in chapter 206E, Hawaii Revised Statutes, relating to the Hawaii Community Development Authority;

     (2)  Amending the language to be consistent with section 264-1(c)(1), Hawaii Revised Statutes; and

     (3)  Making technical, nonsubstantive amendments for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Water, Land, and Agriculture that is attached to this report, your Committee is in accord with the intent and purpose of H.B. No. 2604, H.D. 1, as amended herein, and recommends that it pass Second Reading in the form attached hereto as H.B. No. 2604, H.D. 1, S.D. 1, and be referred to your Committee on Judiciary and Labor.

Respectfully submitted on behalf of the members of the Committee on Water, Land, and Agriculture,

________________________________

MIKE GABBARD, Chair