Report Title:

Land use classifications

 

Description:

Provides for a use-it-or-lose-it automatic reversion of urban or rural district land use reclassifications if development has not commenced within ten years.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1055

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LAND USE.

 

 

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

 


     SECTION 1.  The state finds that there are cases where lands reclassified by the land use commission to the urban district remain undeveloped for many years after the reclassification.  In some cases, conditions have changed so significantly that the development proposal as originally conceived may warrant review and reconsideration.  Premature urban or rural reclassification may encourage speculative land banking and creates uncertainty in the build out of planned urban or rural infrastructure.

     The purpose of this act is to provide a use-it-or-lose-it mechanism to ensure timely initiation of planned or approved urban and rural infrastructure.

     SECTION 2.  Chapter 205, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and read as follows:

     "§205-  Reversion of district classification.  (a)  In any petition for a district boundary amendment before the commission where development is proposed, the commission shall provide by condition that the land subject to the petition shall automatically revert to its original classification absent substantial commencement of use of the land within ten years.  The Commission shall define by condition what constitutes substantial commencement of use of the land in each case.

     (b)  The commission may grant one extension to the ten year period for a maximum of five additional years upon request by the petitioner prior to the expiration of the ten year time limit.

     (c)  The condition for automatic reversion shall not apply to any petition initiated by the state or a county for a regional boundary amendment based on a regional boundary review.

     (d)  The condition for automatic reversion shall apply to any petition accepted for filing by the commission as of the effective date of this Act and shall not apply to any petition accepted for filing by the Commission prior to the effective date of this Act.

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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By Request