Bill Text: HI HB515 | 2016 | Regular Session | Amended
Bill Title: Public Lands; Remnants; Definition; Disposition
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Enrolled - Dead) 2016-04-15 - Received notice of discharge of conferees (Hse. Com. No. 610). [HB515 Detail]
Download: Hawaii-2016-HB515-Amended.html
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HOUSE OF REPRESENTATIVES |
H.B. NO. |
515 |
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TWENTY-EIGHTH LEGISLATURE, 2015 |
H.D. 1 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
RELATING TO REMNANTS.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. The legislature finds that the definition of the term "remnant" in section 171-52, Hawaii Revised Statutes, along with broad interpretations of the definition, have led to confusion regarding its scope and applicability. This ambiguity has resulted in a lack of transparency, as significant parcels of public lands, including public land trust lands, have been disposed of without legislative approval or public auction, which otherwise would have been required.
The legislature further 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 subsistence, native Hawaiian cultural and religious purposes, and for the benefit of future generations, it is necessary to clarify the definition of and disposition restrictions on State "remnants."
The purpose of this Act is to clarify the definition of the term "remnant" and restrictions on the disposition of "remnants" for the purposes of ensuring that such remnants are treated consistently with the State's constitutional mandate under the public land trust.
SECTION 2. Section 171-52, Hawaii Revised Statutes, is amended by amending subsections (a) and (b) to read as follows:
"(a) Definition. The term
"remnant" means a parcel of land that serves no public purpose,
economically or physically [unsuitable or undesirable], for present
or future development or utilization as a separate unit by reason of
location, size, shape, liability, or other characteristics[. A] and
the alienation of which has been deemed to not violate the State's mandate to
conserve and protect its natural resources for the benefit of current and
future generations. No land shall be determined to be a remnant [may
be:] unless the land:
(1) [Land] Is acquired by condemnation
[which] that is in excess of the needs for which condemned;
(2) [Vacated,] Is vacated, closed,
abandoned, or discontinued road, street or alley or walk, railroad, ditch, or
other right-of-way[.]; or
(3) Has been determined by the attorney general to present, if retained by the State, a significant and unavoidable risk of liability beyond that generally associated with undeveloped natural areas based on engineering reports, land surveys, or a history of injuries to persons or property specifically concerning the parcel being considered as a remnant.
(b) Disposition restriction. No parcel shall
be disposed of as a remnant [solely]:
(1) Solely for the reason that it lacks
an adequate access[.]; and
(2) Unless the board finds that the parcel does not contain natural or cultural resources necessary for the exercise of native Hawaiian subsistence, cultural, or religious practices pursuant to the state constitution."
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.
Report Title:
Public Lands; Remnants; Definition; Disposition
Description:
Clarifies the definition of the term "remnant" for purposes relating to the disposition of public lands. Establishes restrictions on the disposition of remnants when such remnants contain resources necessary for the exercise of native Hawaiian subsistence, cultural, or religious practices pursuant to the state constitution. (HB515 HD1)
The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.
