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.  Noexchange of public land for private land shall be made except for publicpurposes, including but not limited to (1) consolidation of holdings of publiclands; (2) straightening of boundaries of public lands; (3) acquisition ofadequate access for landlocked public lands which have development potential; or(4) acquisition of lands suitable for residential use.  Exchanges shall beeffected without public auction.  Public notice of any proposed exchange shallbe given in accordance with the applicable provisions set forth in section171-16(d).  All private lands conveyed to the State by way of exchanges shallthereafter become public lands.

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

(c)  Legislative disapproval.  Any exchange ofpublic land for private land shall be subject to disapproval by the legislatureby two thirds vote of either the senate or the house of representatives or bymajority vote of both in any regular or special session following the date ofthe board of land and natural resources' approval in principle of theexchange.  The department shall submit for introduction to the legislature aresolution for review of action on any exchange to be consummated by the boardwherein exchange deeds will be executed by the parties together with thefollowing information:  (1) the location and area of the parcels of land to beexchanged; (2) the value of the lands to be conveyed by the State and theprivate party; (3) the name or names of the appraiser or appraisers; (4) thedate of the appraisal valuation; and (5) the purpose for which the lands arebeing exchanged.  A copy of the resolution shall also be submitted to theoffice of Hawaiian affairs when it is submitted to the legislature.

(d)  Exception.  Notwithstanding anylimitations set forth in this section, the board may exchange public land forHawaiian homes commission's available land of equal value in order toconsolidate its holdings or the holdings of the commission or to effectuatebetter the purposes of this chapter or of the Hawaiian Homes Commission Act of1920, 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, c184, §4; am L 1972, c 175, §1; am L 1975, c 69, §§1, 2; am L 1977, c 17, §1; amL 2003, c 75, §1; am L 2009, c 176, §3]

 

Case Notes

 

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

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