2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-64.7 Legislative approval of sale or gift of lands.

§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 that are suitable for reclamation, together with reclaimed lands that 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 before the admission of Hawaii as a state of the United States;
(3) Land to which the University of Hawaii holds title;
(4) Non-ceded land set aside by the governor to the Hawaii housing finance and development corporation or 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;
(8) Land to which the Hawaii technology development corporation in its corporate capacity holds title;
(9) Land to which the department of education holds title;
(10) Land to which the Hawaii public housing authority in its corporate capacity holds title;
(11) Land to which the stadium authority holds title; and
(12) Land to which the school facilities authority 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; 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); provided further that this section shall not apply to non-ceded lands conveyed to the University of Hawaii after December 31, 1989, to which the University of Hawaii holds title; provided further that this section shall not apply to reserved housing, as that term is defined in section 206E-101, conveyed by the Hawaii community development authority.
(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 specific location and size in square feet or in other precise measure 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;
(6) A detailed summary of any development plans for the land to be sold or given; and
(7) A statement of whether the land is, or is not, land that was classed as government or crown lands previous to August 15, 1895, or was acquired by the State in exchange for such lands, and a detailed explanation of how the state department or agency made this determination.
A draft 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 at least three months prior to the convening of a regular or special session of the legislature to allow the office to determine whether the land was classed as government or crown lands previous to August 15, 1895, or was acquired by the State in exchange for such lands.
(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:
(1) Sales or gifts of lands described in subsection (a) between state departments or agencies;
(2) Sales of available lands under the Hawaiian Homes Commission Act;
(3) Fee simple sales of affordable homes on lands not classified as government or crown lands previous to August 15, 1895, or exchanged subsequent to August 15, 1895, for lands classified as government or crown lands previous to August 15, 1895, that are subject to resale restrictions as set forth in section 201H-47 and that were acquired by the Hawaii housing finance and development corporation either at a foreclosure sale or under a buyback as authorized in section 201H-47; or
(4) Individual sales of the leased fee interest in a leasehold condominium unit or single family house lot to its lessee by the Hawaii housing finance and development corporation; provided that:
(A) One of the corporation's predecessor agencies approved the sale of the leased fee interest to lessees of the condominium or development in which the unit or house lot is located no later than November 4, 1994;
(B) The leased fee interest in more than fifty per cent of all units in the condominium or development in which the unit or house lot is located was sold or otherwise transferred prior to July 13, 2009;
(C) The sale is to the lessee of record of the unit or house lot; and
(D) The corporation shall submit documentation to the office of Hawaiian affairs at least three months before the sale of a unit or house lot under this paragraph, with the following information:
(i) The specific location and size in square feet, or other precise measure, of the parcel of land to be sold;
(ii) The purpose for which the land is being sold;
(iii) A statement of whether the land is or is not land that was classed as government or crown lands prior to August 15, 1895, or was acquired by the State in exchange for such lands, and a detailed explanation of how the corporation made the determination; and
(iv) Sufficient documentation to validate the requirements of subparagraphs (A), (B), and (C). [L 2009, c 176, §2; am L 2010, c 56, §1 and c 174, §2; am L 2011, c 169, §2; am L 2012, c 282, §3; am L 2013, c 38, §3; am L 2014, c 61, §2; am L 2017, c 69, §4; am L 2018, c 210, §5; am L 2019, c 272, §6; am L 2021, c 64, §1, c 146, §5, and c 217, §8; am L 2022, c 191, §2]
Law Journals and Reviews
Courts in the "Age of Reconciliation": Office of Hawaiian Affairs v. HCDCH. 33 UH L. Rev. 503 (2011).
Demolition of Native Rights and Self Determination: Act 55's Devastating Impact through the Development of Hawaii's Public Lands. 35 UH L. Rev. 297 (2013).