Honolulu, Hawaii



RE:    S.B. No. 2951

       S.D. 2




Honorable Colleen Hanabusa

President of the Senate

Twenty-Fifth State Legislature

Regular Session of 2010

State of Hawaii




     Your Committee on Ways and Means, to which was referred S.B. No. 2951, S.D. 1, entitled:




begs leave to report as follows:


     The purpose of this measure is to provide fair compensation to lessees of condemned state land or partial takings who are prevented from using the land as originally intended.


     Your Committee received comments in support of the measure from the Waimanalo Agricultural Association.  Comments in opposition were submitted by the Department of Land and Natural Resources, the Department of Transportation, the American Bird Conservatory, and one individual.  Written comments may be reviewed on the Legislature's website.


     Your Committee finds that this measure, through reduced rent and other compensation, will provide more equitable relief to lessees of public lands in partial takings or condemnations where the lessee is prevented from using the lands as originally intended.  Your Committee believes that the remedies in this measure are justified, considering that lessees continue to be responsible, despite the condemnation or taking for paying lease rents, real property taxes, and in some cases, insurance and other fixed costs.


     Your Committee has amended the measure by:


     (1)  Correcting the text of section 171-37, Hawaii Revised Statutes, to reflect the printed version of the Hawaii Revised Statutes, by inserting the word "but" on page 5, line 6;


     (2)  Making other technical nonsubstantive changes for purposes of clarity and style; and


     (3)  Changing the effective date to July 1, 2100, to facilitate further discussion on the measure.


     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 2951, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 2951, S.D. 2.


Respectfully submitted on behalf of the members of the Committee on Ways and Means,