HB1670

HOUSE OF REPRESENTATIVES	H.B. NO.	1670
THIRTY-FIRST LEGISLATURE, 2022
STATE OF HAWAII

A BILL FOR AN ACT

relating to land use district boundaries.

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

SECTION 1. The legislature finds that boundary disputes may be brought before the entire land use commission through the declaratory ruling process. The legislature also finds that these determinations are burdensome for the commission and parties involved as they are expensive, difficult to secure a hearing, take a long time to resolve, and technical in nature.

The purpose of this Act is to establish a boundary review committee within the land use commission to promptly and efficiently resolve boundary disputes brought before the commission.

SECTION 2. Chapter 205, Hawaii Revised Statutes, is amended by adding two new sections to part I to be appropriately designated and to read as follows:

"§205-A District boundary disputes. (a) Any department or agency of the State, any department or agency of the county in which the land is situated, or any person with a property interest in the land, may petition the commission to render a determination on the location of a specific district boundary where a legitimate dispute has arisen between the petitioner and the commission.

(b) Upon proper filing of a petition pursuant to subsection (a), the commission shall refer the petition to the boundary review committee established in section 205-B, who shall, within not less than sixty and not more than one hundred and eighty days, conduct a hearing on the appropriate island in accordance with the provisions of sections 91-9, 91-10, 91-11, 91-12, and 91-13, as applicable.

(c) Any other provision of law to the contrary notwithstanding, notice of the hearing together with a copy of the petition shall be served on the office of planning and sustainable development and the county planning department of the county in which the land is located and all persons with a property interest in the land as recorded in the county's real property tax records.

(d) Any other provisions of law to the contrary notwithstanding, prior to hearing of a petition, the land that is the subject of the petition may be viewed and inspected as necessary.

(e) The petitioner, the office of planning and sustainable development, and the appropriate county planning department shall in every case appear as parties and make recommendations relative to the proposed boundary dispute.

(f) The commission, pursuant to chapter 91, shall adopt rules governing the review of boundary dispute petitions under this section. The rules shall establish:

(1) The factual basis of the disagreement with commission's boundary determination;

(2) Any documents supporting the petition; and

(3) Reasonable filing fees to accompany applications.

(g) The boundary review committee may allow testimony from witnesses whom the committee may desire to hear from at the hearing. The boundary review committee shall allow testimony from any citizens or representatives of any community groups who indicate a desire to express the view of such citizen or community group concerning the boundary dispute.

(h) Within a period of not more than one hundred and eighty days after the proper filing of a petition, unless otherwise ordered by a court, or unless a time extension, which shall not exceed ninety days, is established by a two-thirds vote of the members of the boundary review committee, the committee, by filing findings of fact and conclusions of law, shall render a decision locating the district boundaries subject to the petition.

(i) At the hearing, all parties may enter into appropriate stipulations as to findings of fact and conclusions of law concerning the boundary dispute petition.

§205-B Boundary review committee. (a) There is established a boundary review committee within the commission to resolve disputes regarding the location of district boundaries brought before to the commission pursuant to section 205-A.

(b) The commission shall designate three of its members to the boundary review committee for two-year terms. The boundary review committee shall elect a chairperson and meet as needed to resolve disputes regarding the location of district boundaries brought before the commission pursuant to section 205-A."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:

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