Report Title:

Public Lands; Auction; Current Lessee; Improvements

 

Description:

Permits a current lessee of public land to be disposed by public auction to match the winning bid under certain circumstances.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

3272

TWENTY-FOURTH LEGISLATURE, 2008

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT


 

 

Relating to public lands.

 

 

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

 


SECTION 1. Section 171-14, Hawaii Revised Statutes, is amended to read as follows:

"171-14 Auction. (a) Except as otherwise specifically provided, all disposition of public lands shall be made at public auction after public notice as provided in section 171-16.

(b) All [such] auctions shall be [held]:

(1) Held at the door of the office of the land agent or at such other place as is convenient in the district in which the land is located[,]; and [shall be conducted]

(2) Conducted by the chairperson or the land agent or by any other authorized employee of the department of land and natural resources under the direction of the board of land and natural resources, all of whom shall perform this service without extra compensation.

(c) Notwithstanding any law to the contrary, whenever the board disposes of public land by public auction, the current lessee of the public land to be disposed shall have the right to match any winning bid within            days thereof if:

(1) The current lessee has made substantial improvements to the demised land. For purposes of this subsection, "substantial improvements" means all improvements of which the aggregate fair market value exceeds $           as determined by appraisers;

(2) The current lessee participates in the auction; and

(3) The current lessee has not had a previous or the current sale, lease, license, permit, or easement covering public lands cancelled or forfeited for failure to satisfy the terms and conditions thereof."

SECTION 2. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

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 Statutory material to be repealed is bracketed and stricken.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

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

 

INTRODUCED BY:

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