Report Title:

Agricultural Water Systems; Subdivided Lands; Agribusiness Development Corporation

 

Description:

Provides an exemption from the registration of subdivided lands for offers or dispositions in interest of land that the agribusiness development corporation acquires, if the offer or disposition is for agricultural water systems to provide water for irrigation of agricultural lands.  (SD1)

 


HOUSE OF REPRESENTATIVES

H.B. NO.

119

TWENTY-FOURTH LEGISLATURE, 2007

S.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

RELATING TO AGRICULTURAL WATER SYSTEMS.

 

 

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

 


     SECTION 1.  Section 484-3, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Unless the method of disposition is adopted for the purpose of evasion of this chapter, or unless the subdivider files in writing with the director that this chapter shall apply to the subdivider's subdivision, this chapter shall not apply to offers or dispositions of an interest in land:

     (1)  By a purchaser of subdivided lands for the purchaser's own account in a single or isolated transaction;

     (2)  If fewer than twenty separate lots, parcels, units, or interests in subdivided lands are offered by a person in a period of twelve months;

     (3)  Where the division of lands is a leasehold agricultural lot within state agricultural districts on which no dwelling structures are constructed as provided in section 205-4.5(e);

     (4)  Where real, personal, or mixed property of an agricultural water system to provide water for irrigation of agricultural lands is to be conveyed to the agribusiness development corporation;

    [(4)] (5)  On which there is a residential, commercial, or industrial building, or as to which there is a legal obligation on the part of the seller to construct a building on the land within two years from the date of disposition; provided that the obligation to construct shall not be, directly [[]or[]] indirectly, transferred to or otherwise imposed upon the purchaser;

    [(5)] (6)  To persons who are engaged in, and are duly licensed to engage in, the business of construction of buildings for resale, or to persons who acquire an interest in subdivided lands for the purpose of engaging, and do engage in, and are duly licensed to engage in, the business of construction of buildings for resale;

    [(6)] (7)  Pursuant to court order;

    [(7)] (8)  By any government or government agency;

    [(8)] (9)  As cemetery lots or interests; or

    [(9)] (10)  Registered as a condominium property regime pursuant to chapter 514B."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.