Report Title:

State Lands; Legislative Approval Prior to Land Exchanges

 

Description:

Requires legislative approval of any exchange of lands under the control of certain state departments or agencies for private lands. Creates an exception for community centers by eleemosynary organizations. (SB1923 HD1)

 


THE SENATE

S.B. NO.

1923

TWENTY-FOURTH LEGISLATURE, 2007

S.D. 2

STATE OF HAWAII

H.D. 1

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO LANDS CONTROLLED BY THE STATE.

 

 

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

 


SECTION 1. Chapter 171, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

"171-   Exchange of lands under the control of state departments and agencies for private land; legislative approval required. (a) Notwithstanding any law to the contrary, including subsection 171-50(c), but excluding subsections 171-50(a), (b), and (d), no exchange of:

(1) Land defined as public land under section 171-2;

(2) Land set aside pursuant to law for the use of the United States;

(3) Land being used for roads and streets;

(4) Land to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act prior to the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;

(5) Land to which the University of Hawaii holds title;

(6) Land to which the Hawaii housing finance and development corporation in its corporate capacity holds title;

(7) Land to which the department of agriculture holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;

(8) Land that is set aside by the governor to the Aloha Tower development corporation; lands leased to the Aloha Tower development corporation by any department or agency of the State; or land to which the Aloha Tower development corporation holds title in its corporate capacity;

(9) Land that is set aside by the governor to the agribusiness development corporation; land leased to the agribusiness development corporation by any department or agency of the State; or land to which the agribusiness development corporation in its corporate capacity holds title; or

(10) Land to which the high technology development corporation in its corporate capacity holds title,

shall be made without the approval of the legislature by at least a two-thirds majority vote of the members to which each house is entitled in a regular or special session at which a concurrent resolution is submitted for introduction to the legislature for the review of an exchange pursuant to subsection (b).

(b) The state department or agency shall submit for introduction to the legislature a concurrent resolution for review of any exchange. The concurrent resolution shall contain a list of all exchanges proposed by the state department or agency and shall be submitted with the proposed exchange deeds for the exchanges to be executed by the parties together with the following information:

(1) The location and area of the parcels of land to be exchanged;

(2) The value of the lands to be conveyed by the State and the private party;

(3) The names of all appraisers performing appraisals of the parcels of land to be exchanged;

(4) The date of the appraisal valuation;

(5) The purpose for which the parcels of land is being exchanged; and

(6) A detailed summary of any development plans for the parcels of land to be exchanged.

(c) If the legislature fails to approve the concurrent resolution to authorize the exchange of land for private land as provided in subsection (a), the exchange shall not be consummated by the state department or agency."

SECTION 2. Notwithstanding any other law to the contrary, including sections 171-13 and 171- , the board may exchange, in accordance with section 171-50(b), by direct negotiation and without recourse to public auction, no more than fifteen acres of public lands listed under subsection 171- (a), to an eleemosynary organization that has been certified to be tax-exempt under sections 501(c)(1) or 501(c)(3) of the Internal Revenue Code of 1986, as amended, to be used as the site of a community center on the following conditions:

(1) The lands shall be used by the eleemosynary organization for a community center that shall be made available to the public without regard to race, creed, color, national origin, sex, or mental or physical handicap;

(2) The eleemosynary organization shall demonstrate sources of funding sufficient to construct and maintain a multi-purpose community center with sufficient size and facilities to serve a community of twenty-five thousand people, including:

(A) A major aquatic center with two swimming pools;

(B) An athletic complex with a gymnasium that houses a national collegiate athletic association regulation-sized basketball court;

(C) Performing arts center;

(D) Educational and vocational training center; and

(E) At least three hundred parking stalls;

(3) The major donors contributing to the capital improvements or maintenance of the community center require the eleemosynary organization to own the land in fee simple instead of a lease under section 171-43.1; and

(4) If the land is not used or ceases to be used for the purpose set forth in paragraph (1), ownership of the land and any improvements constructed thereon shall revert to the State.

SECTION 3. New statutory material is underscored.

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