Bill Text: HI SB1085 | 2010 | Regular Session | Introduced
Bill Title: Ceded Lands; Public Land Trust; Management
Spectrum: Partisan Bill (Democrat 4-0)
Status: (Engrossed - Dead) 2009-05-11 - Carried over to 2010 Regular Session. [SB1085 Detail]
Download: Hawaii-2010-SB1085-Introduced.html
Report Title:
BLNR; Ceded Lands; Public Land Trust; Prohibition on Disposition
Description:
Prohibits the board of land and natural resources from selling, exchanging, or otherwise alienating ceded lands in the public land trust.
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THE SENATE |
S.B. NO. |
1085 |
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TWENTY-FIFTH LEGISLATURE, 2009 |
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STATE OF HAWAII |
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A BILL FOR AN ACT
relating to ceded lands.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
SECTION 1. Section 171-13, Hawaii Revised Statutes, is amended to read as follows:
"§171-13 Disposition of public lands. Except as otherwise provided by law and subject to other provisions of this chapter, the board may:
(1) Dispose of public land in fee simple, by lease, lease with option to purchase, license, or permit; provided that no disposition of public lands shall violate subsection 171-18(b); and
(2) Grant easement by direct negotiation or otherwise
for particular purposes in perpetuity on [such] terms as may be set by
the board, subject to reverter to the State upon termination or abandonment of
the specific purpose for which it was granted, provided the sale price of [such]
the easement shall be determined pursuant to section 171-17(b).
No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands cancelled for failure to satisfy the terms and conditions thereof."
SECTION 2. Section 171-18, Hawaii Revised Statutes, is amended to read as follows:
"§171-18 Public land trust. (a)
All funds derived from the sale or lease or other disposition of public lands
shall be appropriated by the laws of the State; provided that all proceeds and
income from the sale, lease, or other disposition of lands ceded to the United
States by the Republic of Hawaii under the joint resolution of annexation,
approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so
ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act
of March 18, 1959 [(73 Stat. 6),] (73 Stat. 5) and all proceeds
and income from the sale, lease, or other disposition of lands retained
by the United States under sections 5(c) and 5(d) of the Act and later conveyed
to the State under section 5(e) shall be held as a public trust for the
support of the public schools and other public educational institutions, for
the betterment of the conditions of native Hawaiians as defined in the Hawaiian
Homes Commission Act, 1920, as amended, for the development of farm and home
ownership on as widespread a basis as possible, for the making of public
improvements, and for the provision of lands for public use.
(b) Notwithstanding any law to the contrary, the board shall not sell, exchange, or otherwise alienate:
(1) Lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 5); or
(2) Lands retained by the United States under sections 5(c) and 5(d) of the Act of March 18, 1959 (73 Stat. 5) and later conveyed to the State under section 5(e) or under the Act of December 23, 1964 (77 Stat. 472)."
SECTION 3. This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.
SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.
SECTION 5. This Act shall take effect upon its approval.
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INTRODUCED BY: |
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