Bill Text: HI SB406 | 2019 | Regular Session | Introduced

Hawaii Senate Bill 406 (Prior Session Legislation)

Introduced

Bill Title: Relating To Transportation.

Spectrum: Partisan Bill (Democrat 9-0)

Status: (Introduced - Dead) 2019-01-24 - Referred to WTL/TRS, WAM. [SB406 Detail]

Download: Hawaii-2019-SB406-Introduced.html

THE SENATE	S.B. NO.	406
THIRTIETH LEGISLATURE, 2019
STATE OF HAWAII

A BILL FOR AN ACT

relating to TRANSPORTATION.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. The purpose of this Act is to exempt the department of transportation from board of land and natural resources' requirements for real property acquisition to expedite department of transportation projects.

SECTION 2. Section 171-30, Hawaii Revised Statutes, is amended to read as follows:

"§171-30 Acquisition of real property; general. (a) The board of land and natural resources shall have the exclusive responsibility, except as provided herein, of acquiring, including by way of dedications:

(1) All real property or any interest therein and the improvements thereon, if any, required by the State for public purposes, including real property together with improvements, if any, in excess of that needed for such public use in cases where small remnants would otherwise be left or where other justifiable cause necessitates the acquisition to protect and preserve the contemplated improvements, or public policy demands the acquisition in connection with such improvements.

(2) Encumbrances, in the form of leases, licenses, or otherwise on public lands, needed by any state department or agency for public purposes or for the disposition for houselots or for economic development.

The board shall upon the request of and with the funds from the state department or agency effectuate all acquisitions as provided under this section.

The acceptance by the territorial legislature or the legislature of a dedication of land in the Kakaako community development district by a private owner is sufficient to convey title to the State.

(b) Except as provided in subsection (c), the department of accounting and general services shall be responsible for the acquisition of any office space in a nonstate owned building for use by a state department or agency.

(c) A state department or agency may directly acquire such real property for its purposes whenever the acquisition by the department or agency is required to conform to mandatory requirements of the United States in the case where federal funds are furnished to the department or agency.

(d) Property which may be acquired under this section includes all real property together with all structures and improvements thereon, franchises or appurtenances thereunto belonging, water, water rights, easements, and interests in land of every nature.

(e) The appraisal of private property to be acquired by the State may be performed by not more than three disinterested appraisers whose services shall be contracted for by the State, and no land shall be purchased for a sum greater than the highest value fixed by the appraiser or appraisals; provided that the State, after review of the appraisals by the appraiser or appraisers or the attorney general, may purchase the property at a value greater than the highest value if the higher value is determined by the appraiser or appraisers or the attorney general to be justified and within the range of market value; provided further that this limitation shall not apply where acquisition is by condemnation. After the private property has been acquired or the State abandons the acquisition, these appraisal reports shall be available for inspection and copying by the public.

(f) This section shall not apply to acquisitions of real property or any interest therein and the improvements thereon approved by the director of transportation for public highway purposes."

SECTION 3. New statutory material is underscored.

SECTION 4. This Act shall take effect upon its approval.

INTRODUCED BY:	_____________________________

Report Title:

Department of Transportation; Board of Land and Natural Resources; Land Acquisitions; Exemptions

Description:

Exempts the department of transportation from board of land and natural resources approval for acquisition of property that will be used for highway purposes.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.