Bill Text: HI HB511 | 2025 | Regular Session | Introduced
Bill Title: Relating To Public Lands.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced) 2025-01-21 - Referred to WAL, JHA, referral sheet 2 [HB511 Detail]
Download: Hawaii-2025-HB511-Introduced.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
511 |
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THIRTY-THIRD LEGISLATURE, 2025 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to public lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. In the interests of quickly effectuating the setting aside of public lands between state departments and agencies and the conservation of government resources, the purpose of this Act is to provide that a survey of the land to be set aside shall not be a condition precedent to the setting aside of public lands to any department or agency of the State.
SECTION 2. Section 171-11, Hawaii Revised Statutes, is amended to read as follows:
"§171-11
Public purposes, lands set aside by the
governor; management. The governor may, with the prior approval of
the board of land and natural resources, set aside public lands to any
department or agency of the State, the city and county, county, or other
political subdivisions of the State for public use or purpose. All withdrawals of the lands or portions
thereof so set aside shall be made by the governor.
Any public lands set aside by the governor
prior to the enactment of this chapter, or any public lands set aside by the
governor of the Territory of Hawaii, shall be subject to the provisions of this
section.
Lands while so set aside for such use or
purpose or when acquired for roads and streets shall be managed by the
department, agency, city and county, county, or other political subdivisions of
the State having jurisdiction thereof, unless otherwise provided by law. Such department, agency of the State, the
city and county, county, or other political subdivisions of the State in
managing such lands shall be authorized to exercise all of the powers vested in
the board in regard to the issuance of leases, easements, licenses, revocable
permits, concessions, or rights of entry covering such lands for such use as
may be consistent with the purposes for which the lands were set aside on the
same terms, conditions, and restrictions applicable to the disposition of
public lands, as provided by this chapter all such dispositions being subject
to the prior approval of the board; provided that any nonrenewable dispositions
granting rights for a period not in excess of fourteen days shall not require
(1) the approval of the board or (2) public auction or public advertisement for
sealed tenders; and provided further that disposition of lands set aside for
use as agricultural parks pursuant to chapter 166 shall not be subject to the
prior approval of the board. If at the
time of the disposition of any such leases the board shall have approved the
same, any order withdrawing or setting aside any or all of such lands for any
other public purpose shall be made subject to such leases. Subject to section 5(f) of the Act of March
18, 1959 (73 Stat. 6), all proceeds from such lands shall be deposited into the
appropriate funds provided by law.
A
survey of the land to be set aside shall not be a condition precedent to set
aside public lands to a department or agency of the State; provided that a
subsequent survey of the land set aside shall be binding if ratified by the
board of land and natural resources and the governor; provided further that the
State, its departments and agencies, and its officials and employees shall be
immune from all suits of whatever character, whether sounding in law or in
equity, relating to the boundaries of land set aside without a survey.
This section shall also apply where the
purposes are the uses and purposes of the United States; provided that all
revenues derived from the lands and improvements thereon shall be paid to the
department of land and natural resources by the United States.
Whenever lands set aside for a public
purpose to the various departments and agencies of the State, or to any city
and county, county, or other political subdivisions of the State, or to the
United States, are not being utilized or required for the public purpose
stated, the order setting aside the lands shall be withdrawn and the lands
shall be returned to the department. The
governor may withdraw public lands and, with the prior approval of the board of
land and natural resources, set aside the withdrawn lands to another department
or agency of the State, the city and county, county, or political subdivision
of the State, or to the United States for public use or purpose, provided that
no structure on such lands shall be built, demolished or altered until after
the legislative action or inaction as hereinbelow provided.
The power granted to the governor in this
section to set aside or withdraw or withdraw and set aside public lands shall
be exercised subject to disapproval by the legislature by two-thirds vote of
either the senate or the house of representatives or by the majority vote of
both, in any regular or special session next following the date of the setting
aside or withdrawal, or withdrawal and setting aside.
Whenever portions of lands set aside for a public purpose to the various departments and agencies of the State, or to any city and county, county, or other political subdivision of the State are not presently utilized or required for the public purpose stated, the board shall have the power, without withdrawing the order setting aside the lands, to dispose of any and all real property interest less than the fee in the portions of such lands where the disposition is for a use which is consistent or inconsistent with the purpose for which the land was set aside. All funds derived from disposition by the board shall be deposited in the general fund of the State or be paid to the appropriate account; provided that all such dispositions shall be with the prior written approval of the department, agency, city and county, county, or other political subdivisions of the State and the governor, and shall be undertaken in compliance with all other applicable sections of this chapter."
SECTION 3. New statutory material is underscored.
SECTION 4. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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Report Title:
Public Lands; Lands Set Aside
Description:
Provides that a survey of the land to be set aside shall not be a condition precedent to the setting aside of public lands to any department or agency of the State.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.
