Bill Text: HI SB5 | 2013 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Public Lands; Leases; Takings; Compensation

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2013-07-02 - Act 234, on 6/27/2013 (Gov. Msg. No. 1337). [SB5 Detail]

Download: Hawaii-2013-SB5-Amended.html

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STAND. COM. REP. NO. 603

 

Honolulu, Hawaii

                  

 

RE:    S.B. No. 5

       S.D. 1

 

 

 

Honorable Donna Mercado Kim

President of the Senate

Twenty-Seventh State Legislature

Regular Session of 2013

State of Hawaii

 

Madam:

 

     Your Committee on Ways and Means, to which was referred S.B. No. 5 entitled:

 

"A BILL FOR AN ACT RELATING TO PUBLIC LANDS,"

 

begs leave to report as follows:

 

     The purpose and intent of this measure is to provide fair compensation, in addition to rent reductions, to lessees when the State withdraws, condemns, or takes public land leased for intensive agricultural or pastoral uses and renders the land unusable for the original purposes of the lease.

 

     Your Committee received written comments in support of this measure from the Hawaii Farm Bureau Federation and Ulupono Initiative.

 

     Current law provides for rent reductions if a withdrawal or taking of leased land causes the land to become unusable for the specific use for which it was originally intended.  Your Committee finds that rent reduction alone is an insufficient remedy and that this measure will provide more equitable relief to lessees of public lands in partial takings or condemnations where the lessee is prevented from using the lands as originally intended.

 

     Your Committee has amended this measure by:

 

     (1)  Changing the effective date to July 1, 2050, to facilitate further discussion on this measure; and

 

     (2)  Making technical nonsubstantive amendments for the purposes of style and clarity.

 

     As affirmed by the record of votes of the members of your Committee on Ways and Means that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 5, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 5, S.D. 1.

 

Respectfully submitted on behalf of the members of the Committee on Ways and Means,

 

		____________________________ DAVID Y. IGE, Chair