§171-52  Remnant.  (a)  Definition.  The
term "remnant" means a parcel of land economically or physically
unsuitable or undesirable for development or utilization as a separate unit by
reason of location, size, shape, or other characteristics.  A remnant may be:



(1)  Land acquired by condemnation which is in excess
of the needs for which condemned;



(2)  Vacated, closed, abandoned, or discontinued road,
street or alley or walk, railroad, ditch, or other right-of-way.



(b)  Disposition restriction.  No parcel shall
be disposed of as a remnant solely for the reason that it lacks an adequate
access.



(c)  Disposition.  Remnants or portions thereof
may be disposed of by the board of land and natural resources without recourse
to public auction in the manner set forth herein.  Any remnant or portion
thereof to be disposed of shall be first offered for sale to the abutting owner
for a reasonable period of time at a reasonable price based on appraised
value.  In the event that one abutting landowner lacks access to a street, and
such access can be secured by disposition of the remnant, such remnant shall be
first offered for sale to such abutting owner, or subdivided so as to protect
the access of all abutting landowners.  If there is more than one abutting
owner who is interested in purchasing the remnant, it shall be sold to the one
submitting a sealed bid containing the highest offer above the appraised
value.  If the remnant abuts more than one parcel, the board may subdivide the
remnant so that a portion thereof may be sold to each abutting owner at the
appraised value; provided that no remnant shall be sold to any abutting owner
unless the remnant, when combined or consolidated with the abutting property,
shall constitute a lot acceptable to the appropriate agency of the county in
which the remnant lies; and provided further that appropriate language shall be
included in any document of conveyance of such remnant to assure use of the
remnant in accordance with the applicable ordinances, rules, and regulations of
the county concerned.



(d)  Appraisal.  The value of the remnant or
portion thereof shall be appraised by an independent appraiser, which appraisal
shall take into consideration the limited market for the remnant and the
resulting enhancement to an abutting owner's property by the addition of the
remnant.  The value of a remnant or portion thereof which is surplus to state
highway requirements and is in the inventory of such surplus remnants as of
December 31, 1981, may be appraised by an employee of the State qualified to
appraise lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §27; Supp, §103A-49;
HRS §171-52; am L 1976, c 12, §1; am L 1977, c 3, §1; am L 1982, c 6, §1]