Report Title:

BLNR; Ceded Lands; Public Land Trust; Prohibition on Disposition

 

Description:

Prohibits the board of land and natural resources from selling, exchanging, or otherwise alienating ceded lands in the public land trust.

 


HOUSE OF REPRESENTATIVES

H.B. NO.

1667

TWENTY-FIFTH LEGISLATURE, 2009

 

STATE OF HAWAII

 

 

 

 

 

A BILL FOR AN ACT

 

 

relating to ceded lands.

 

 

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

 


     SECTION 1.  Section 171-13, Hawaii Revised Statutes, is amended to read as follows:

     "§171-13  Disposition of public lands.  Except as otherwise provided by law and subject to other provisions of this chapter, the board may:

     (1)  Dispose of public land in fee simple, by lease, lease with option to purchase, license, or permit; provided that no disposition of public lands shall violate subsection 171-18(b); and

     (2)  Grant easement by direct negotiation or otherwise for particular purposes in perpetuity on [such] terms as may be set by the board, subject to reverter to the State upon termination or abandonment of the specific purpose for which it was granted, provided the sale price of [such] the easement shall be determined pursuant to section 171-17(b).

No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands cancelled for failure to satisfy the terms and conditions thereof."

     SECTION 2.  Section 171-18, Hawaii Revised Statutes, is amended to read as follows:

     "§171-18  Public land trust.  (a)  All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided that all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 [(73 Stat. 6),] (73 Stat. 5) and all proceeds and income from the sale, lease, or other disposition of lands retained by the United States under sections 5(c) and 5(d) of the Act and later conveyed to the State under section 5(e) shall be held as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible, for the making of public improvements, and for the provision of lands for public use.

     (b)  Notwithstanding any law to the contrary, the board shall not sell, exchange, or otherwise alienate:

     (1)  Lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 5); or

     (2)  Lands retained by the United States under sections 5(c) and 5(d) of the Act of March 18, 1959 (73 Stat. 5) and later conveyed to the State under section 5(e) or under the Act of December 23, 1964 (77 Stat. 472)."

     SECTION 3.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 4.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 5.  This Act shall take effect upon its approval.

 

INTRODUCED BY:

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