Section 5. The legislative power over the lands owned by or under the control of the State and its political subdivisions shall be exercised only by general laws, except in respect to transfers to or for the use of the State, or a political subdivision, or any department or agency thereof. [Ren and am Const Con 1978 and election Nov 7, 1978]


Attorney General Opinions


Act 3, L Sp 2007 1st, requiring the Hawaii community development authority to set aside state lands for use by the Kewalo Keiki Fishing Conservancy (KKFC), a private nonprofit section 501(c)(3) organization under the Internal Revenue Code, violated this section; Act 3 could only be interpreted as being a special legislation because it was enacted to benefit the KKFC specifically and was limited to a specific property. Att. Gen. Op. 07-2.


Case Notes


Where Act 2, L Sp 2007 2d created a class that was "logically and factually limited to a 'class of one' ", that is, it was not reasonably probable that other members could enter the class in the future, the class was illusory; thus, Act 2 was a special law in violation of this section and the circuit court erred when it concluded that Act 2 was constitutional and dismissed plaintiff's claims as moot. 120 H. 181, 202 P.3d 1226.

Where, without the legal authority provided by 15 of Act 2, L Sp 2007 2d through an exercise of legislative power, the operating agreement between the superferry and the state department of transportation would have remained void and unenforceable by the circuit court's order as it related to the lands at Kahului Harbor, Act 2 was an exercise of legislative power over state lands. 120 H. 181, 202 P.3d 1226.



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