HOUSE OF REPRESENTATIVES

H.B. NO.

1617

TWENTY-SEVENTH LEGISLATURE, 2014

 

STATE OF HAWAII

 

 

 

 

 

 

A BILL FOR AN ACT

 

 

RELATING TO THE DEFINITION OF REMNANTS.

 

 

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

 


SECTION 1. The legislature finds that as recognized by numerous legislative findings and actions throughout the last twenty years, including the adoption of House Concurrent Resolution No. 6, Senate Draft 1, during the 2013 regular session, Hawaii has a unique and complex history of land use and ownership. The legislature further finds that given this history, as well as the continuing cultural, social, and economic significance of the āina to the people of Hawaii nei, important procedural safeguards now exist to ensure that any disposition of public lands occurs in the most appropriate and consistent manner.

The legislature also finds that a purportedly narrow exception to these safeguards exists for lands that can qualify as "remnant" pursuant to section 171-52, Hawaii Revised Statutes. Unlike other public lands, lands found to qualify as "remnants" may be disposed of without legislative oversight, and without the public auction requirements that would otherwise ensure fairness, transparency, and adequate compensation to the State.

The legislature further finds that recent land transactions by the board of land and natural resources have indicated that there is some confusion regarding the scope and applicability of the definition of "remnant" pursuant to section 171-52, Hawaii Revised Statutes. Uncharacteristically broad interpretations of this definition have led to the disposal of significant parcels of public lands, including public land trust lands, without legislative approval or public auction as would have been otherwise required.

Accordingly, the legislature finds that given the history and sensitivity of land use and ownership in Hawaii, the limited land resources of our island state, the state constitutional requirement that ensures that public lands are held in trust for the benefit of both present and future generations, and the need to ensure the consistent application of land alienation procedures, it is necessary to clarify the definition of "remnant" in section 171-52, Hawaii Revised Statutes.

The purpose of this Act is to clarify that the term "remnant" shall only apply to the categories listed in section 171-52(a), Hawaii Revised Statutes.

SECTION 2. 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. A remnant [may] shall be:

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

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

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:

_____________________________

 

BY REQUEST


 


 

Report Title:

OHA Package; Public Lands; Remnant Lands

 

Description:

Clarifies that the term "remnant" shall apply only to the categories listed in section 171-52(a), Hawaii Revised Statutes.

 

 

 

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