[§171-64.7]  Legislative approval of sale orgift of lands.  (a)  This section applies to all lands or interest thereinowned or under the control of state departments and agencies classed asgovernment or crown lands previous to August 15, 1895, or acquired or reservedby 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 landsbeneath tidal waters which are suitable for reclamation, together withreclaimed lands which have been given the status of public lands under thischapter, including:

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

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

(3)  Land to which the University of Hawaii holdstitle;

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

(5)  Land to which the department of agriculture holdstitle by way of foreclosure, voluntary surrender, or otherwise, to recovermoneys loaned or to recover debts otherwise owed the department under chapter167;

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

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

(8)  Land to which the high technology developmentcorporation 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 soldfor roads and streets, or gift of lands described in subsection (a) in feesimple to the extent such gift is otherwise permitted by law, shall occurwithout the prior approval of the sale or gift by the legislature by concurrentresolution to be adopted by each house by at least a two-thirds majority voteof the members to which each house is entitled in a regular or special sessionat which a concurrent resolution is submitted for approval of the sale;provided that the provisions of this section shall not apply to remnants, asthat term is defined in section 171-52, or portions thereof; and providedfurther that this section shall not apply to the issuance of licenses, permits,easements, and leases executed in conformance with the laws applicable to thelands listed in subsection (a).

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

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

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

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

(4)  The date of the appraisal valuation;

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

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

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

(d)  If the legislature fails to approve theconcurrent 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 thesale or gift of lands described in subsection (a) to a person or entity otherthan the State, its agencies, or its entities, and prior to submission of theconcurrent resolution to the legislature under subsection (c), the State,agency, or entity, as appropriate, shall hold an informational briefing on theproposed sale or gift in the community where the land to be sold or given islocated.

(f)  This section shall not apply to sales orgifts of lands described in subsection (a) between state departments oragencies, 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 thispart pursuant to §23G-15.