D.  Miscellaneous



 



Cross References



 



  Civil relief for state military forces, see chapter 657D.



  Disposition of state boating facility properties, see
§200-2.5.



 



§171-50  Exchanges.  (a)  Purpose.  No
exchange of public land for private land shall be made except for public
purposes, including but not limited to (1) consolidation of holdings of public
lands; (2) straightening of boundaries of public lands; (3) acquisition of
adequate access for landlocked public lands which have development potential; or
(4) acquisition of lands suitable for residential use.  Exchanges shall be
effected without public auction.  Public notice of any proposed exchange shall
be given in accordance with the applicable provisions set forth in section
171-16(d).  All private lands conveyed to the State by way of exchanges shall
thereafter become public lands.



(b)  Value.  The public land exchanged shall be
of substantially equal value to that of the private land.  In any exchange, the
fair market value of the private land and the public land shall be separately
determined by a disinterested qualified appraiser or appraisers and the cost
shall be borne equally between the owner and the board.  No payment by the
State shall be required should the private land exceed the value of the public
land, but any difference in value of the public land over the private land
shall be paid to the State at the time of the exchange; provided no exchange
shall be made should public land exceed one hundred twenty per cent of the
value of the private land.



(c)  Legislative disapproval.  Any exchange of
public land for private land shall be subject to disapproval by the legislature
by two thirds vote of either the senate or the house of representatives or by
majority vote of both in any regular or special session following the date of
the board of land and natural resources' approval in principle of the
exchange.  The department shall submit for introduction to the legislature a
resolution for review of action on any exchange to be consummated by the board
wherein exchange deeds will be executed by the parties together with the
following information:  (1) the location and area 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; and (5) the purpose for which the lands are
being exchanged.  A copy of the resolution shall also be submitted to the
office of Hawaiian affairs when it is submitted to the legislature.



(d)  Exception.  Notwithstanding any
limitations set forth in this section, the board may exchange public land for
Hawaiian homes commission's available land of equal value in order to
consolidate its holdings or the holdings of the commission or to effectuate
better the purposes of this chapter or of the Hawaiian Homes Commission Act of
1920, as amended. [L 1962, c 32, pt of §2; am L 1965, c 239, §25; Supp,
§103A-47; am L 1967, c 234, §3; HRS §171-50; am L 1969, c 281, §1; am L 1970, c
184, §4; am L 1972, c 175, §1; am L 1975, c 69, §§1, 2; am L 1977, c 17, §1; am
L 2003, c 75, §1; am L 2009, c 176, §3]



 



Case Notes



 



  Claim for relief against state officials based on alleged
illegality of exchange of ceded lands was barred by State's sovereign
immunity.  73 H. 578, 837 P.2d 1247.



  Former similar law cited:  18 H. 221, 225; 28 H. 462.