Report Title:

Public Lands; Sale of Remnants

Description:

Requires thirty days prior notice and right of first refusal to counties prior to sale of remnant lands to abutting landowners.

THE SENATE

S.B. NO.

2262

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO SALE OF PUBLIC LANDS.

 

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

SECTION 1. 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 development or utilization as a separate unit by reason of location, size, shape, or other characteristics[.], or any portion thereof. A remnant may be:

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

(2) Vacated, closed, abandoned, or discontinued road, street or alley or walk, railroad, ditch, or other right-of-way."

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

"(c) Disposition. Remnants [or portions thereof] may be disposed of by the board of land and natural resources without recourse to public auction in the manner set forth herein. [Any] The mayor and chair of the county council of the county in which the remnant lies shall be given thirty days prior notice of the intent to dispose of the remnant and the right of first refusal to purchase the remnant. After such time, any remnant [or portion thereof] to be disposed of shall be first offered for sale to the abutting owner for a reasonable period of time at a reasonable price based on appraised value. In the event that one abutting landowner lacks access to a street, and such access can be secured by disposition of the remnant, such remnant shall be first offered for sale to such abutting owner, or subdivided so as to protect the access of all abutting landowners. If there is more than one abutting owner who is interested in purchasing the remnant, it shall be sold to the one submitting a sealed bid containing the highest offer above the appraised value. If the remnant abuts more than one parcel, the board may subdivide the remnant so that a portion thereof may be sold to each abutting owner at the appraised value; provided that no remnant shall be sold to any abutting owner unless the remnant, when combined or consolidated with the abutting property, shall constitute a lot acceptable to the appropriate agency of the county in which the remnant lies; and provided further that appropriate language shall be included in any document of conveyance of such remnant to assure use of the remnant in accordance with the applicable ordinances, rules, and regulations of the county concerned."

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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