§171-52  Remnant.  (a)  Definition.  Theterm "remnant" means a parcel of land economically or physicallyunsuitable or undesirable for development or utilization as a separate unit byreason of location, size, shape, or other characteristics.  A remnant may be:

(1)  Land acquired by condemnation which is in excessof 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 shallbe disposed of as a remnant solely for the reason that it lacks an adequateaccess.

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

(d)  Appraisal.  The value of the remnant orportion thereof shall be appraised by an independent appraiser, which appraisalshall take into consideration the limited market for the remnant and theresulting enhancement to an abutting owner's property by the addition of theremnant.  The value of a remnant or portion thereof which is surplus to statehighway requirements and is in the inventory of such surplus remnants as ofDecember 31, 1981, may be appraised by an employee of the State qualified toappraise 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]