NEWS BRIEFS

• A bill to preserve the lands of Kapua in South Kona, introduced by State Senator Gill Kahele just days before his passing, was approved by the State House on final reading April 12.
• South Kona Representative Richard Creagan spoke in support of the measure on the floor of the House.

Senate Bill 3071 SD1 HD2

SB3071 SD1 HD2 – RELATING TO THE ACQUISITION OF MAKAI LANDS OF KAPUA IN SOUTH KONA ON THE ISLAND OF HAWAII.

“Allows the Department of Land and Natural Resources to engage in negotiations to acquire the makai lands of Kapua, island of Hawaii. Authorizes the acquisition to be made through the purchase, sale, or exchange of other real property. Allows the Department of Land and Natural Resources to report to the Legislature in writing on the status of the negotiations beginning July 1, 2016, and every three months thereafter. Provides that the Department of Land and Natural Resources shall attempt to reach an agreement for the acquisition by December 31, 2016; provided that if an agreement is not reached by that date negotiations may continue and the Department shall continue to provide quarterly progress reports. Appropriates funds to the Department of Land and Natural Resources to conduct due diligence on the makai lands of Kapua and for negotiations to acquire those lands. (SB3071 HD2)”

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

SECTION 1. (a) The department of land and natural resources may engage in negotiations with the current landowners of the makai lands of Kapua, island of Hawaii, to acquire those lands on behalf of the State.

(b) For purposes of this Act:

“Acquire” or “acquisition” means to secure an interest in real property in fee simple or otherwise through means of purchase, sale, or exchange of other real property.

“Makai lands of Kapua” means those lands makai of highway 11 in south Kona, island of Hawaii, more appropriately designated as tax map keys: (3)8-9-006:003; (3)8-9-006:019; (3)8-9-006:028; and (3)8-9-006:035.

SECTION 2. Beginning on July 1, 2016, and every three months thereafter, the department of land and natural resources may report in writing to the legislature on the status of the negotiations to acquire the makai lands of Kapua. The report shall include information regarding the progress of the department of land and natural resources’ due diligence and negotiations; provided that the report shall not include any information that the department of land and natural resources deems confidential or detrimental to the State’s negotiating position.

SECTION 3. (a) The department of land and natural resources shall conduct due diligence and attempt to reach an agreement for the acquisition of the makai lands of Kapua by December 31, 2016. If the department of land and natural resources has not reached an agreement for the acquisition of the makai lands of Kapua by December 31, 2016, the department of land and natural resources may continue to negotiate with the owners of the makai lands of Kapua. In such event, the department of land and natural resources shall submit quarterly progress reports to the legislature pursuant to section 2 of this Act until an agreement is reached or negotiations are terminated.
(b) If an agreement is reached, the department of land and natural resources shall immediately notify the governor and the legislature and shall submit proposed legislation, including any necessary appropriation, for the purpose of effectuating the acquisition.

SECTION 4. There is appropriated out of the general revenues of the State of Hawaii the sum of $ or so much thereof as may be necessary for fiscal year 2016-2017 for due diligence on the makai lands of Kapua, to include but not be limited to a determination of the likelihood that unexploded ordnances exist on any of the parcels of land, and for negotiations to acquire the makai lands of Kapua.

The sum appropriated shall be expended by the department of land and natural resources for the purposes of this Act.

SECTION 5. This Act shall take effect on July 1, 2030; provided that section 4 shall take effect on July 1, 2016.

VIDEO ARCHIVE – Jan. 2016