Report Title:

Agricultural Land Preservation; Land Exchange

Description:

Includes the acquisition of existing agricultural lands as a public purpose through which there may be an exchange between public and private lands. (HB2285 HD1)

HOUSE OF REPRESENTATIVES

H.B. NO.

2285

TWENTY-SECOND LEGISLATURE, 2004

H.D. 1

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

relating to agriculture.

 

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

SECTION 1. The purpose of this Act is to establish a process to ensure that certain lands, except those held by a trust for educational purposes:

(1) Remain available for agricultural use;

(2) Are properly managed to ensure continued economic viability while used for agriculture; and

(3) Are managed in a manner that is sensitive to and consistent with the needs of farmers in the Waialua area

in accord with the State's responsibility to "conserve and

protect agricultural lands, promote diversified agriculture,

increase agricultural self-sufficiency and assure the

availability of agriculturally suitable lands," pursuant to

Section 3 of Article XI in the State Constitution.

SECTION 2. (a) The department of land and natural resources shall enter into land exchange negotiations with private landowners of agricultural lands in the Waialua area of Oahu to obtain title to the lands currently used for agricultural purposes. The department of land and natural resources shall submit to the legislature, either a progress report on its actions to obtain the Waialua agricultural lands or proposed legislation requesting the execution of the land exchange not later than twenty days prior to the convening of the 2005 regular session.

(b) Any land exchange negotiated pursuant to this Act shall be subject to section 171-50, Hawaii Revised Statutes.

(c) Upon the execution of a land exchange pursuant to this Act, the department of land and natural resources shall transfer title and control of the acquired land to the agribusiness development corporation established by section 163D-3, Hawaii Revised Statutes.

SECTION 3. Section 171-50, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

"§171-50 Exchanges. (a) Purpose. No exchange of public land for private land shall be made except for public purposes, including but not limited to:

(1) [consolidation] Consolidation of holdings of public lands;

(2) [straightening] Straightening of boundaries of public lands;

(3) [acquisition] Acquisition of adequate access for landlocked public lands which have development potential; [or]

(4) [acquisition] Acquisition of lands suitable for residential use[.]; or

(5) [acquisition] Acquisition of existing agricultural lands.

Exchanges shall be effected without public auction. Public notice of any proposed exchange shall be given in accordance with the applicable provisions set forth in section 171-16(d). All private lands conveyed to the State by way of exchanges shall thereafter become public lands."

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.