THE SENATE	S.C.R. NO.	207
THIRTY-FIRST LEGISLATURE, 2021
STATE OF HAWAII

SENATE CONCURRENT

RESOLUTION

 

 

SUBMITTING TO THE LEGISLATURE OF THE STATE OF HAWAII FOR REVIEW AND APPROVAL OF ACTION TAKEN BY THE BOARD OF LAND AND NATURAL RESOURCES ON A LAND EXCHANGE BETWEEN THE STATE OF HAWAII AND PARKER LAND TRUST.

 

 

        WHEREAS, at its meeting of April 11, 2014, under agenda item D-6, the Board of Land and Natural Resources approved, in principle, a land exchange between the State of Hawaii and Parker Land Trust, formerly the Parker Ranch Land Trust, for state-owned land at Waikoloa, Waimea, South Kohala, Hawaii, Tax Map Key: (3) 6-7-003:020, having a land area of approximately 0.5368 acre, and privately owned commercial/industrial land of equal or greater value to be identified at a later date; and

 

        WHEREAS, at its meeting of August 28, 2020, under agenda item D-3, the Board of Land and Natural Resources amended the aforementioned Board action by approving an exchange with the Trustees of Parker Land Trust, as landowner for the Parker Ranch, Inc., of the "flagpole"-shaped portion of the state-owned parcel, Tax Map Key: (3) 6-7-003:020, which is configured as a flag lot, for a portion of privately-owned unimproved land, Tax Map Key: (3) 6-7-002:062, zoned for residential use, and contiguous with the remaining "flag" portion of the state-owned exchange parcel; and

 

        WHEREAS, the public purposes for the exchange, as approved, are to facilitate the construction of a United States Post Office and to straighten the boundaries of the state-owned flag lot, which will resolve an access issue affecting the construction of Ala Ohia Road at the base of the flagpole, thereby providing the State with safe, usable access to its retained land; and

 

        WHEREAS, the approximately 0.5368-acre of state land identified as part of this proposed exchange is vacant and unencumbered; and

WHEREAS, upon completion of the proposed exchange, the State's interest in the 0.5368-acre site will be conveyed to the Trustees of Parker Land Trust, and the conveyed lands will be developed pursuant to the Waimea Town Center Master Plan and United States Postal Service plans; and

 

        WHEREAS, the approximately 0.5368 acre of state land is a portion of land acquired by the State of Hawaii by Deed and Agreement for Exchange dated June 5, 1961, between the State of Hawaii and Richard Smart; and

 

        WHEREAS, pursuant to the 1961 exchange, the State of Hawaii conveyed to Richard Smart a parcel of land comprising approximately 3.109 acres situated at Lalamilo, Waimea, South Kohala, Hawaii; and

 

        WHEREAS, the above cited parcel which was conveyed to Richard Smart as part of the 1961 exchange was classified as ceded lands pursuant to section 5(b) of the Admissions Act, and the 0.5368 acre of state land being conveyed to the Trustees of Parker Land Trust in this proposed exchange is now classified as ceded lands pursuant to section 5(b) of the Admissions Act; and

 

        WHEREAS, the approximate 0.3420 acre of private land identified as part of this proposed exchange is vacant; and

 

        WHEREAS, upon completion of this proposed exchange, the 0.3420-acre site will be used to provide access to the remaining, otherwise landlocked, flag portion of the state-owned land; and

 

        WHEREAS, following an appraisal by CBRE, Inc., as of September 18, 2020, the value of the private land is estimated at $250,000, and the value of the state land is estimated at $19,400; and

 

        WHEREAS, section 171-50, Hawaii Revised Statutes, provides that land exchanges of public land for private land are subject to approval by the Legislature by a majority vote of both houses in any regular or special session; and

 

        WHEREAS, pursuant to section 171-50(c), Hawaii Revised Statutes, a copy of the draft resolution was submitted to the Office of Hawaiian Affairs on October 19, 2020, to allow the agency to determine whether the state-owned land was classified as government or crown lands prior to August 15, 1895, or was acquired by the State in exchange for such lands; and

 

        WHEREAS, the Office of Hawaiian Affairs did not express any opposition to the land exchange; and

 

        WHEREAS, to comply with the requirements of section 171-50, Hawaii Revised Statutes, the Department of Land and Natural Resources, together with the Trustees of Parker Land Trust, is required to introduce to the Legislature a resolution for review of action of the land exchange described herein, subject however, to approval by a majority vote of both houses of the Legislature; now, therefore,

 

        BE IT RESOLVED by the Senate of the Thirty-first Legislature of the State of Hawaii, Regular Session of 2021, the House of Representatives concurring, that the following land exchange, previously approved in principle by the Board of Land and Natural Resources at its meeting on April 11, 2014, under agenda item D-6, and previously approved by the Board of Land and Natural Resources at its meeting on August 28, 2020, under agenda item D-3, is hereby reviewed and approved by the Legislature; and

 

        BE IT FURTHER RESOLVED that upon consummation of the proposed exchange, the 0.3420-acre of land to be conveyed to the State of Hawaii as part of this exchange shall be classified as ceded lands pursuant to section 5(b) of the Admissions Act; and

 

        BE IT FURTHER RESOLVED that a certified copy of this Concurrent Resolution be transmitted to the Chairperson of the Board of Land and Natural Resources.

 

 

 

	OFFERED BY:	_____________________________

Report Title:  

BLNR; Tax Map Key: (3) 6-7-003:020