Kona Land Exchange

Approves land exchange between the State and Earl E. Bakken, for
lands located in the Kiholo Bay vicinity of North Kona on the
island of Hawaii.

THE SENATE                              S.B. NO.           2529
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            

                   A  BILL  FOR  AN  ACT



 1      SECTION 1.  The legislature finds that it is in the public
 2 interest to enter into a land exchange with Earl E. Bakken
 3 involving private lands located on the coast of Kiholo Bay, North
 4 Kona District, on the island of Hawaii for public lands located
 5 inland of Kiholo Bay, North Kona, Hawaii.
 6      These private lands, found at the location identified as TMK
 7 (3) 7-1-02:02, have significant recreational, environmental, and
 8 cultural value to the people of Hawaii.  This shoreline property
 9 has an extensive coastal strand, mature vegetation, and
10 anchialine pools adjacent to a fine black sand beach fronting
11 Kiholo Bay.  This private parcel is surrounded by public lands
12 and the legislature finds that public acquisition of this private
13 parcel would effect a consolidation of holdings of public lands
14 and improve access from mauka public lands to the shoreline.
15      Kiholo Bay is a significant and productive marine ecosystem
16 and is a major area for green sea turtles to rest and feed.  The
17 significant environmental value of the bay was recognized by the
18 State, when it designated Kiholo Bay as a fishery management
19 area, with specific restrictions to protect the sea turtles.

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                                     S.B. NO.           2529

 1      The legislature finds that the general area of Kiholo Bay
 2 has historical importance as the location of an historical
 3 fishing village that was once the abode of Kamanawa, who along
 4 with his twin brother, Kame'eiamoku, are the two great chiefs and
 5 supporters of King Kamehameha who appear on the official shield
 6 of the Hawaiian Kingdom.  The great Kiholo Fishpond, built for
 7 King Kamehameha, was located in this area, before it was
 8 destroyed by lava in the 1850's.
 9      Earl E. Bakken has proposed to exchange these private lands
10 for a nine-acre parcel of public land at the location identified
11 as a portion of TMK (3) 7-1-02:08, inland of Kiholo Bay, North
12 Kona, Hawaii.  These public lands are of significantly less
13 public value as they have very limited recreational resources,
14 and are located inland of the important and productive coastal
15 ecosystem.  This parcel of public land is located inland and
16 adjacent to the Bakken's current residence, a single-family home.
17 The land is to be used for a caretaker's residence.
18      This land exchange is consistent with the State's commitment
19 to expand public recreational resources along the shoreline
20 through obtaining coastal lands of significant recreational,
21 environmental and cultural value.  This land exchange would also
22 provide the State with additional land on Kiholo Bay that will
23 afford the State greater flexibility in the sequencing and rate
24 of development of a state park at Kiholo Bay.

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                                     S.B. NO.           2529

 1      The purpose of this Act is to allow the exchange of private
 2 and public lands located in North Kona, Hawaii.
 3      SECTION 2.  Notwithstanding section 171-50(b), Hawaii
 4 Revised Statutes, the legislature approves the land exchange
 5 involving private lands at Kiholo Bay, North Kona, Hawaii owned
 6 by Earl E. Bakken identified as TMK (3) 7-1-02:02 and public
 7 lands located inland of Kiholo Bay, North Kona, Hawaii,
 8 identified as a portion of TMK (3) 7-1-02:08; provided that:
 9      (1)  The public lands shall be less than or of substantially
10           equal "fair market" value to that of the private land;
11      (2)  The "fair market" value of the private land and the
12           public land shall be separately determined by a
13           disinterested qualified appraiser or appraisers, and
14           the cost shall be borne equally between the owner and
15           the board of land and natural resources; and
16      (3)  No payment by the State shall be required should the
17           private land exceed the value of the public lands, but
18           any difference in the value of the public lands over
19           the private lands shall be paid to the State at the
20           time of the exchange; provided that no exchange shall
21           be made should the value of the public lands exceed one
22           hundred twenty per cent of the value of the private
23           lands.

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                                     S.B. NO.           2529

 1      SECTION 3.  Notwithstanding section 171-50(c), Hawaii
 2 Revised Statutes, the legislature approves the land exchange
 3 involving private lands at Kiholo Bay, North Kona, Hawaii, owned
 4 by Earl E. Bakken at the location identified as TMK (3)
 5 7-1-02:02, and public lands located inland of Kiholo Bay, North
 6 Kona, Hawaii at the location identified as a portion of TMK (3)
 7 7-1-02:08 provided that the following conditions are met:
 8      (1)  An exchange deed shall be executed between the parties
 9           and contain the following:
10           (A)  The location and area of the parcels of land to be
11                exchanged;
12           (B)  The value of the lands to be conveyed by the State
13                and Earl E. Bakken;
14           (C)  The name or names of the appraisers involved; and
15           (D)  The date of the appraisal or appraisals which
16                shall not be more than six months prior to the
17                date of the final approval of the land exchange by
18                the board of land and natural resources;
19           and
20      (2)  All of the right, title, and interest in the
21           approximately three acres located at TMK (3) 7-1-02:02
22           obtained from Earl E. Bakken shall be conveyed in fee
23           simple by deed to the State of Hawaii.

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                                     S.B. NO.           2529

 1      SECTION 4.  This Act shall take effect upon its approval.
 3                           INTRODUCED BY:  _______________________