[§171-64.7]  Legislative approval of sale or
gift of lands.  (a)  This section applies to all lands or interest therein
owned or under the control of state departments and agencies classed as
government or crown lands previous to August 15, 1895, or acquired or reserved
by the government upon or subsequent to that date by purchase, exchange,
escheat, or the exercise of the right of eminent domain, or any other manner,
including accreted lands not otherwise awarded, submerged lands, and lands
beneath tidal waters which are suitable for reclamation, together with
reclaimed lands which have been given the status of public lands under this
chapter, including:



(1)  Land set aside pursuant to law for the use of the
United States; 



(2)  Land to which the United States relinquished the
absolute fee and ownership under section 91 of the Organic Act prior to the
admission of Hawaii as a state of the United States;



(3)  Land to which the University of Hawaii holds
title;



(4)  Land to which the Hawaii housing finance and
development corporation in its corporate capacity holds title;



(5)  Land to which the department of agriculture holds
title by way of foreclosure, voluntary surrender, or otherwise, to recover
moneys loaned or to recover debts otherwise owed the department under chapter
167;



(6)  Land that is set aside by the governor to the
Aloha Tower development corporation; or land to which the Aloha Tower
development corporation holds title in its corporate capacity;



(7)  Land that is set aside by the governor to the
agribusiness development corporation; or land to which the agribusiness
development corporation in its corporate capacity holds title; and



(8)  Land to which the high technology development
corporation in its corporate capacity holds title.



(b)  Notwithstanding any law to the contrary,
no sale of lands described in subsection (a) in fee simple including land sold
for roads and streets, or gift of lands described in subsection (a) in fee
simple to the extent such gift is otherwise permitted by law, shall occur
without the prior approval of the sale or gift by the legislature by concurrent
resolution to be adopted by each house by at least a two-thirds majority vote
of the members to which each house is entitled in a regular or special session
at which a concurrent resolution is submitted for approval of the sale;
provided that the provisions of this section shall not apply to remnants, as
that term is defined in section 171-52, or portions thereof; and provided
further that this section shall not apply to the issuance of licenses, permits,
easements, and leases executed in conformance with the laws applicable to the
lands listed in subsection (a).



(c)  The state department or agency proposing
to sell or give any state land described in subsection (a) shall submit for
introduction to the legislature a concurrent resolution for review of the
proposed sale or gift.  The concurrent resolution shall contain a list of all
sales or gifts of state land proposed by the state department or agency.  The
concurrent resolution shall contain the following information:



(1)  The location and area of the parcels of land to
be sold or given;



(2)  The appraisal value of the land to be sold or
given;



(3)  The names of all appraisers performing appraisals
of the land to be sold or given;



(4)  The date of the appraisal valuation;



(5)  The purpose for which the land is being sold or
given; and



(6)  A detailed summary of any development plans for
the land to be sold or given.



A copy of the concurrent resolution for the
prior approval of a sale or gift of land shall also be submitted to the office
of Hawaiian affairs when it is submitted to the legislature.



(d)  If the legislature fails to approve the
concurrent resolution by at least a two-thirds majority vote of both houses,
the transaction shall be abandoned by the state department or agency.



(e)  Prior to finalizing any proposal for the
sale or gift of lands described in subsection (a) to a person or entity other
than the State, its agencies, or its entities, and prior to submission of the
concurrent resolution to the legislature under subsection (c), the State,
agency, or entity, as appropriate, shall hold an informational briefing on the
proposed sale or gift in the community where the land to be sold or given is
located.



(f)  This section shall not apply to sales or
gifts of lands described in subsection (a) between state departments or
agencies, and to sales of available lands under the Hawaiian Homes Commission Act.
[L 2009, c 176, §2]



 



Revision Note



 



  Section was enacted as a new part but is designated to this
part pursuant to §23G-15.