HOUSE OF REPRESENTATIVES

H.C.R. NO.

66

THIRTY-FIRST LEGISLATURE, 2021

 

STATE OF HAWAII

 

 

 

 

 

HOUSE CONCURRENT

RESOLUTION

 

 

REVIEWING AND APPROVING THE ACTION TAKEN BY THE BOARD OF LAND AND NATURAL RESOUrCES ON A LAND EXCHANGE between the state of hawaii and parker ranch, inc.

 

 

 


WHEREAS, at its meeting of April 11, 2014, under agenda item D-6, the Board of Land and Natural Resources approved, in principle, a land exchange between the State of Hawaii and Parker Ranch, Inc., for State-owned land at Waimea, South Kohala, Hawaii, Tax Map Key: (3) 6-7-003:020, and privately-owned commercial/industrial land of equal or greater value to be identified at a later date; and

 

WHEREAS, at its meeting of August 28, 2020, under agenda item D-3, the Board of Land and Natural Resources amended the aforementioned Board action by approving an exchange with the Trustees of Parker Land Trust, as landowner for the Parker Ranch, Inc., of the "flagpole"-shaped portion of the State-owned parcel, Tax Map Key: (3) 6-7-003:020, which is configured as a flag lot, for a portion of privately-owned unimproved land, Tax Map Key: (3) 6-7-002:062, zoned for residential use, and contiguous with the remaining "flag" portion of the State-owned exchange parcel; and

 

WHEREAS, the public purposes for the exchange, as approved, are to facilitate the construction of a United States Post Office, and to straighten the boundaries of the State-owned flag lot, which will, in turn, resolve an access issue affecting the State-owned exchange parcel resulting from Parker Ranch, Inc.'s construction of Ala Ohia Road at the base of the flagpole, thereby providing the State with safe, usable access to its retained land; and

WHEREAS, section 171-50(c), Hawaii Revised Statutes, provides that land exchanges of public land for private land are subject to approval by the Legislature by a majority vote of both houses in any regular or special session following the date of the Board of Land and Natural Resources' approval in principle of the exchange; and

 

WHEREAS, pursuant to section 171-50(c), Hawaii Revised Statutes, the state department or agency must submit for introduction to the Legislature a resolution for review of action on any exchange to be consummated by the Board of Land and Natural Resources wherein exchange deeds will be executed by the parties, together with the following information:

 

(1) The specific location and size in square feet or in other precise measure 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 name or names of the appraiser or appraisers;

 

(4) The date of the appraisal valuation;

 

(5) The purpose for which the lands are being exchanged;

 

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

 

(7) A statement of whether the land is, or is not, land that was classed as government or crown lands previous to August 15, 1895, or was acquired by the state in exchange for such lands, and a detailed explanation of how the state department or agency made this determination; and

 

WHEREAS, pursuant to section 171-50(c), Hawaii Revised Statutes, a copy of the draft resolution must also be submitted to the Office of Hawaiian Affairs at least three months prior to the convening of a regular or special session of the Legislature to allow the Office of Hawaiian Affairs to determine whether the State-owned land was classified as government or crown lands prior to August 15, 1895, or was acquired by the State in exchange for such lands; and

 

WHEREAS, a copy of the draft resolution was transmitted to the Office of Hawaiian Affairs on October 19, 2020, and the Office of Hawaiian Affairs has expressed no opposition to the Department of Land and Natural Resources regarding the land exchange; now, therefore,

 

BE IT RESOLVED by the House of Representatives of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the Senate concurring, that the following land exchange, previously approved in principle by the Board of Land and Natural Resources at its meeting on April 11, 2014, under agenda item D-6, and previously approved by the Board of Land and Natural Resources at its meeting on August 28, 2020, under agenda item D-3, is hereby reviewed and approved by the Legislature:

 

LAND EXCHANGE BETWEEN STATE OF HAWAII AND THE TRUSTEES OF PARKER LAND TRUST

 

(1) The state land identified as Tax Map Key: (3) 6-7-003:portion 020, having a land area of approximately 0.5368 acre and being located at Waikoloa, Waimea, South Kohala, Island of Hawaii, State of Hawaii; and

 

The private land identified as Tax Map Key: (3) 6-7-002:portion 062, having a land area of approximately 0.3420 acre, being located at Lalamilo and Waikoloa, Waimea, South Kohala, Island of Hawaii, State of Hawaii;

 

(2) The value of the state land was estimated at $19,400, as of September 18, 2020; and

 

The value of the private land was estimated at $250,000, as of September 18, 2020;

(3) The state land and the private land were both appraised by Nathan Alexander of CBRE, Inc.;

 

(4) The date of the appraisal report for the state land and the private land was February 24, 2021, with effective dates of value being September 18, 2020;

 

(5) At its meeting of August 28, 2020, under agenda item D-3, the Board of Land and Natural Resources approved the public purpose of the proposed exchange to facilitate the construction of a United States Post Office, and to straighten the boundaries of the state-owned flag lot;

 

(6) The approximately 0.5368 acre of state land identified as part of this proposed exchange is vacant and unencumbered. Upon completion of the proposed exchange, the state's interest in the 0.5368 acre site will be conveyed to the Trustees of Parker Land Trust. Subsequently, the conveyed lands will be developed pursuant to the Waimea Town Center Master Plan and United States Postal Service plans; and

 

The approximate 0.3420 acre of private land identified as part of the proposed exchange is currently vacant. Upon completion of this proposed exchange, the 0.3420 acre site will be used to provide access to the remaining, otherwise landlocked flag portion of the state-owned land; and

 

(7) The approximate 0.5368 acre of state land is ceded land pursuant to Section 5(b) of the Hawaii Admission Act, hereinafter the "Admission Act"; and

 

Said land is a portion of land acquired by the State of Hawaii by Deed and Agreement for Exchange dated June 5, 1961 between the State of Hawaii and Richard Smart, hereinafter the "1961 Exchange." Pursuant to the 1961 Exchange, the State of Hawaii conveyed to Richard Smart a parcel of land comprising approximately 3.109 acres situate at Lalamilo, Waimea, South Kohala, Hawaii, having been described as follows:

 

Beginning at an angle in the southwest boundary of this parcel of land, being also the north corner of Grant S-13707 Item II to Richard Smart, the coordinates of said point of beginning referred to Government Survey Triangulation Station "PUU PA" being 9955.79 feet North and 9167.22 feet East, as shown on Government Survey Registered Map 2575, thence running by azimuths measured clockwise from True South:

 

1.    131 11' 30" 348.37 feet along Grant S-13705 Item I to Richard Smart;

2.    228 31' 30" 397.83 feet along Government Land;

3.    318 31' 30" 361.50 feet along Government Land;

4.    48 31' 30" 354.96 feet along Government Land (remainder of General Lease 3381 to Richard Smart);

5.    144 12' 30" 16.06 feet along Grant S-13707 Item II to Richard Smart to the point of beginning and containing an AREA of 3.109 ACRES.

 

Whereas, the above cited parcel, which was conveyed to Richard Smart as part of the 1961 Exchange, was classified as ceded lands pursuant to Section 5(b) of the Admission Act, the former Richard Smart lands conveyed to the state in the 1961 Exchange, including the 0.5368 acre of state land being conveyed to the Trustees of Parker Land Trust in this proposed exchange, are now classified as ceded lands pursuant to Section 5(b) of the Admission Act; and

 

BE IT FURTHER RESOLVED that upon consummation of the proposed exchange, the 0.3420 acre of land to be conveyed to the State of Hawaii as part of this proposed exchange will be classified as ceded lands pursuant to Section 5(b) of the Admission Act; and

 

BE IT FURTHER RESOLVED that certified copies of this Concurrent Resolution be transmitted to the Governor, Chairperson of the Board of Land and Natural Resources, Chairperson of the Board of Trustees of the Office of Hawaiian Affairs, and Trustees of Parker Land Trust.

 

 

 

 

OFFERED BY:

_____________________________

 

BY REQUEST

Report Title:

Land Exchange; State of Hawaii; Parker Ranch, Inc.; Waimea