Bill Text: HI SB2207 | 2012 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Leased Public Lands; Withdrawal; Compensation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Engrossed - Dead) 2012-03-08 - (H) Referred to WLO, AGR, FIN, referral sheet 41 [SB2207 Detail]

Download: Hawaii-2012-SB2207-Amended.html

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STAND. COM. REP. NO. 2395

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 2207

       S.D. 1

 

 

 

Honorable Shan S. Tsutsui

President of the Senate

Twenty-Sixth State Legislature

Regular Session of 2012

State of Hawaii

 

Sir:

 

     Your Committees on Water, Land, and Housing and Judiciary and Labor, to which was referred S.B. No. 2207 entitled:

 

"A BILL FOR AN ACT RELATING TO PUBLIC LANDS,"

 

beg leave to report as follows:

 

     The purpose and intent of this measure is to ensure fair compensation is provided when public land leased for agricultural or pastoral uses is withdrawn, condemned, or taken for public purposes.

 

     Your Committees received testimony in support of this measure from the Hawaii Cattlemen's Council, Hawaii Farm Bureau Federation, Hawaii Aquaculture & Aquaponics Association, Hawaii Cattlemen's Association, and eight individuals.  Your Committees received testimony in opposition to this measure from the Department of Land and Natural Resources.

 

     Your Committees find that this measure arises from actions taken by the Board of Land and Natural Resources in November 2008 to deprive beef cattle ranchers of portions of their leases of public lands.  Previously, several of these ranchers had lost significant portions of their leases by the Board's actions.  These ranchers received no compensation for takings of their lease other than a reduced lease.  Infrastructure loss and a need to reduce their herd size resulted in detrimental losses, particularly to smaller ranchers.  Your Committees find that rent reduction is insufficient compensation, and that this Act is necessary to provide more equitable relief to lessees of public lands from partial takings or condemnations where the lessee is prevented from using the lands as originally intended.

 

     Your Committees have amended this measure by making technical, nonsubstantive amendments for the purposes of clarity and consistency.

 

     As affirmed by the records of votes of the members of your Committees on Water, Land, and Housing and Judiciary and Labor that are attached to this report, your Committees are in accord with the intent and purpose of S.B. No. 2207, as amended herein, and recommend that it pass Second Reading in the form attached hereto as S.B. No. 2207, S.D. 1, and be referred to the Committee on Ways and Means.

 

Respectfully submitted on behalf of the members of the Committees on Water, Land, and Housing and Judiciary and Labor,

 

____________________________ CLAYTON HEE, Chair		____________________________ DONOVAN M. DELA CRUZ, Chair