HOUSE OF REPRESENTATIVES

H.B. NO.

1617

TWENTY-SEVENTH LEGISLATURE, 2014

H.D. 1

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE DEFINITION OF REMNANTS.

 

 

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

 


SECTION 1.  The legislature finds that a purportedly narrow exception to important procedural safeguards against improper disposition exists for public lands that can qualify as "remnant" pursuant to section 171-52, Hawaii Revised Statutes.  Unlike other public lands, lands found to qualify as "remnants" may be alienated without legislative oversight, and without the public auction requirements that would otherwise ensure fairness, transparency, and adequate compensation to the State.

     The legislature further finds that recent land transactions by the board of land and natural resources have indicated that there is some confusion regarding the scope and applicability of the definition of "remnant" pursuant to section 171-52, Hawaii Revised Statutes.  Uncharacteristically broad interpretations of this definition have led to the disposal of significant parcels of public lands, including public land trust lands, without legislative approval or public auction as would have been otherwise required.

     Accordingly, the legislature finds that given the history and sensitivity of land use and ownership in Hawaii, the limited land resources of our island state, the state constitutional requirement that ensures that public lands are held in trust for the benefit of both present and future generations, and the need to ensure the consistent application of land disposition procedures, it is necessary to clarify the definition of "remnant" in section 171-52, Hawaii Revised Statutes.

     The purpose of this Act is to clarify that the term "remnant" shall only apply to the categories already prescribed by statute and to specific parcels of land that lack cultural significance and that the attorney general specifically finds will create a substantial and unavoidable risk of liability to the State.  The legislature intends that the definition of "remnant" for purposes of authorizing disposition of public lands by the department of land and natural resources shall reflect Hawaii's constitutional mandate to conserve and protect land and natural resources for the benefit of present and future generations, regardless of the land's current suitability or desirability for development.

     SECTION 2.  Section 171-52, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Definition.  The term "remnant" means a parcel of land economically or physically unsuitable or undesirable for current or future development or utilization as a separate unit by reason of location, size, shape, or other characteristics[.] and the alienation of which has been deemed to not violate the State's mandate to conserve and protect its natural resources for the benefit of current and future generations.  A remnant [may] shall be:

     (1)  Land acquired by condemnation which is in excess of the needs for which condemned;

     (2)  [Vacated,] A vacated, closed, abandoned, or discontinued road, street or alley or walk, railroad, ditch, or other right-of-way[.]; or

     (3)  Land that has been determined by the attorney general to present, if retained by the State, a significant and unavoidable risk of liability beyond that generally associated with undeveloped natural areas based on engineering reports, land surveys, or a history of injuries to persons or property specifically concerning the parcel being considered as a remnant;

provided that no land that has been deemed to be culturally significant shall be a remnant for purposes of this section."

     SECTION 3.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect on July 1, 2020.


 


 

Report Title:

OHA Package; Public Lands; Remnant Lands

 

Description:

Amends the definition of "remnant" of public land to revoke DLNR's authority for direct disposition of public land that is culturally significant and not a liability and to require adherence to the constitutional mandate to conserve and protect natural resources.  Effective July 1, 2020.  (HB1617 HD1)

 

 

 

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