| 1 | 1 | | THE SENATE S.B. NO. 3212 THIRTY-SECOND LEGISLATURE, 2024 STATE OF HAWAII A BILL FOR AN ACT relating to the department of TRANSPORTATION. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 3 | 3 | | THE SENATE S.B. NO. 3212 |
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| 4 | 4 | | THIRTY-SECOND LEGISLATURE, 2024 |
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| 5 | 5 | | STATE OF HAWAII |
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| 7 | 7 | | THE SENATE |
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| 8 | 8 | | |
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| 9 | 9 | | S.B. NO. |
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| 11 | 11 | | 3212 |
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| 12 | 12 | | |
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| 13 | 13 | | THIRTY-SECOND LEGISLATURE, 2024 |
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| 17 | 17 | | STATE OF HAWAII |
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| 31 | 31 | | A BILL FOR AN ACT |
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| 37 | 37 | | relating to the department of TRANSPORTATION. |
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| 43 | 43 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII: |
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| 47 | 47 | | SECTION 1. Section 26-19, Hawaii Revised Statutes, is amended to read as follows: "§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and [such] any other transportation facilities and activities as may be authorized by law. (b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include, but not be limited to, alternate work and school hours programs, bicycling programs, and ridesharing programs. (c) The department shall develop and promote ridesharing programs which shall include but not be limited to, carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle. (d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter. (e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation. (f) Notwithstanding any law to the contrary, the department of transportation may acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of this section or title 15; own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101, including property already devoted to a public use; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation." SECTION 2. Section 171-2, Hawaii Revised Statutes, is amended to read as follows: "§171-2 Definition of public lands. "Public lands" means all lands or interest therein in the State 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 in any other manner; including lands accreted after May 20, 2003, and 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, except: (1) Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended; (2) Lands set aside pursuant to law for the use of the United States; (3) Lands being used for roads and streets; (4) Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act before the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws; (5) Lands to which the University of Hawaii holds title; (6) Non-ceded lands set aside by the governor to the Hawaii housing finance and development corporation or lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title; (7) Lands to which the Hawaii community development authority in its corporate capacity holds title; (8) Lands set aside by the governor to the Hawaii public housing authority or lands to which the Hawaii public housing authority in its corporate capacity holds title; (9) Lands 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; (10) Lands that are set aside by the governor to the Aloha Tower development corporation, lands leased to the Aloha Tower development corporation by any department or agency of the State, or lands to which the Aloha Tower development corporation holds title in its corporate capacity; (11) Lands that are set aside by the governor to the agribusiness development corporation, lands leased to the agribusiness development corporation by any department or agency of the State, or lands to which the agribusiness development corporation in its corporate capacity holds title; (12) Lands to which the Hawaii technology development corporation in its corporate capacity holds title; (13) Lands to which the department of education holds title; (14) Lands to which the stadium authority holds title; [and] (15) Lands to which the school facilities authority holds title; and (16) Lands to which the department of transportation holds title. provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005; provided further that if the lands pursuant to paragraph (6) are no longer needed for housing finance and development purposes, the lands shall be returned to the agency from which they were obtained; provided further that if the lands pursuant to paragraph (14) are no longer needed for the stadium development district or related purposes, the lands shall be returned to the public land trust administered by the department." SECTION 3. 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] the 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] the improvements[.]; and (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] any 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) Notwithstanding subsection (a), the department of transportation may directly acquire any real property for the department of transportation's purposes." SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. SECTION 5. This Act shall take effect upon its approval. INTRODUCED BY: _____________________________ |
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| 48 | 48 | | |
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| 49 | 49 | | SECTION 1. Section 26-19, Hawaii Revised Statutes, is amended to read as follows: |
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| 50 | 50 | | |
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| 51 | 51 | | "§26-19 Department of transportation. (a) The department of transportation shall be headed by a single executive to be known as the director of transportation. The department shall establish, maintain, and operate transportation facilities of the State, including highways, airports, harbors, and [such] any other transportation facilities and activities as may be authorized by law. |
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| 52 | 52 | | |
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| 53 | 53 | | (b) The department shall plan, develop, promote, and coordinate various transportation systems management programs that shall include, but not be limited to, alternate work and school hours programs, bicycling programs, and ridesharing programs. |
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| 54 | 54 | | |
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| 55 | 55 | | (c) The department shall develop and promote ridesharing programs which shall include but not be limited to, carpool and vanpool programs, and may assist organizations interested in promoting similar programs, arrange for contracts with private organizations to manage and operate these programs, and assist in the formulation of ridesharing arrangements. Ridesharing programs include informal arrangements in which two or more persons ride together in a motor vehicle. |
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| 56 | 56 | | |
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| 57 | 57 | | (d) The functions and authority heretofore exercised by the department of public works with respect to highways are transferred to the department of transportation established by this chapter. |
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| 58 | 58 | | |
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| 59 | 59 | | (e) On July 1, 1961, the Hawaii aeronautics commission, the board of harbor commissioners and the highway commission shall be abolished and their remaining functions, duties, and powers shall be transferred to the department of transportation. |
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| 60 | 60 | | |
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| 61 | 61 | | (f) Notwithstanding any law to the contrary, the department of transportation may acquire, or contract to acquire, by grant or purchase any real, personal, or mixed property or any interest therein for immediate or future use for the purposes of this section or title 15; own, hold, improve, and rehabilitate any real, personal, or mixed property acquired pursuant to this subsection; and sell, assign, exchange, transfer, convey, lease or otherwise dispose of, or encumber any real, personal, or mixed property acquired pursuant to this subsection. Upon making a finding that it is necessary to acquire any real property for immediate or future use for the purposes of this section or title 15, the department of transportation may acquire the property by condemnation pursuant to chapter 101, including property already devoted to a public use; provided that the property shall not thereafter be acquired for any other public use without the consent of the department of transportation." |
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| 62 | 62 | | |
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| 63 | 63 | | SECTION 2. Section 171-2, Hawaii Revised Statutes, is amended to read as follows: |
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| 64 | 64 | | |
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| 65 | 65 | | "§171-2 Definition of public lands. "Public lands" means all lands or interest therein in the State 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 in any other manner; including lands accreted after May 20, 2003, and 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, except: |
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| 66 | 66 | | |
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| 67 | 67 | | (1) Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended; |
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| 68 | 68 | | |
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| 69 | 69 | | (2) Lands set aside pursuant to law for the use of the United States; |
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| 70 | 70 | | |
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| 71 | 71 | | (3) Lands being used for roads and streets; |
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| 72 | 72 | | |
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| 73 | 73 | | (4) Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act before the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws; |
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| 74 | 74 | | |
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| 75 | 75 | | (5) Lands to which the University of Hawaii holds title; |
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| 76 | 76 | | |
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| 77 | 77 | | (6) Non-ceded lands set aside by the governor to the Hawaii housing finance and development corporation or lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title; |
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| 78 | 78 | | |
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| 79 | 79 | | (7) Lands to which the Hawaii community development authority in its corporate capacity holds title; |
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| 80 | 80 | | |
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| 81 | 81 | | (8) Lands set aside by the governor to the Hawaii public housing authority or lands to which the Hawaii public housing authority in its corporate capacity holds title; |
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| 82 | 82 | | |
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| 83 | 83 | | (9) Lands 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; |
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| 84 | 84 | | |
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| 85 | 85 | | (10) Lands that are set aside by the governor to the Aloha Tower development corporation, lands leased to the Aloha Tower development corporation by any department or agency of the State, or lands to which the Aloha Tower development corporation holds title in its corporate capacity; |
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| 86 | 86 | | |
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| 87 | 87 | | (11) Lands that are set aside by the governor to the agribusiness development corporation, lands leased to the agribusiness development corporation by any department or agency of the State, or lands to which the agribusiness development corporation in its corporate capacity holds title; |
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| 88 | 88 | | |
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| 89 | 89 | | (12) Lands to which the Hawaii technology development corporation in its corporate capacity holds title; |
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| 90 | 90 | | |
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| 91 | 91 | | (13) Lands to which the department of education holds title; |
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| 92 | 92 | | |
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| 93 | 93 | | (14) Lands to which the stadium authority holds title; [and] |
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| 94 | 94 | | |
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| 95 | 95 | | (15) Lands to which the school facilities authority holds title; and |
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| 96 | 96 | | |
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| 97 | 97 | | (16) Lands to which the department of transportation holds title. |
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| 98 | 98 | | |
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| 99 | 99 | | provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005; provided further that if the lands pursuant to paragraph (6) are no longer needed for housing finance and development purposes, the lands shall be returned to the agency from which they were obtained; provided further that if the lands pursuant to paragraph (14) are no longer needed for the stadium development district or related purposes, the lands shall be returned to the public land trust administered by the department." |
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| 100 | 100 | | |
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| 101 | 101 | | SECTION 3. Section 171-30, Hawaii Revised Statutes, is amended to read as follows: |
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| 102 | 102 | | |
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| 103 | 103 | | "§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: |
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| 104 | 104 | | |
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| 105 | 105 | | (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] the 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] the improvements[.]; and |
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| 106 | 106 | | |
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| 107 | 107 | | (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. |
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| 108 | 108 | | |
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| 109 | 109 | | 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. |
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| 110 | 110 | | |
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| 111 | 111 | | 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. |
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| 112 | 112 | | |
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| 113 | 113 | | (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. |
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| 114 | 114 | | |
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| 115 | 115 | | (c) A state department or agency may directly acquire [such] any 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. |
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| 116 | 116 | | |
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| 117 | 117 | | (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. |
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| 118 | 118 | | |
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| 119 | 119 | | (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. |
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| 120 | 120 | | |
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| 121 | 121 | | (f) Notwithstanding subsection (a), the department of transportation may directly acquire any real property for the department of transportation's purposes." |
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| 122 | 122 | | |
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| 123 | 123 | | SECTION 4. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored. |
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| 124 | 124 | | |
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| 125 | 125 | | SECTION 5. This Act shall take effect upon its approval. |
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| 126 | 126 | | |
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| 127 | 127 | | |
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| 128 | 128 | | |
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| 129 | 129 | | INTRODUCED BY: _____________________________ |
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| 130 | 130 | | |
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| 131 | 131 | | INTRODUCED BY: |
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| 132 | 132 | | |
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| 133 | 133 | | _____________________________ |
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| 136 | 136 | | |
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| 138 | 138 | | |
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| 139 | 139 | | Report Title: DOT; Public Lands; Real Property; Acquisition; Disposition Description: Authorizes the Department of Transportation to acquire any real, personal, or mixed property for immediate or future use; own, hold, improve, rehabilitate, sell, assign, exchange, transfer, convey, lease, or dispose of any real, personal, or mixed property acquired; and acquire by condemnation real property for immediate or future use. Amends the definition of "public lands" to exclude lands to which the Department of Transportation holds title. Authorizes the Department of Transportation to directly acquire any real property for its purposes. The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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| 148 | 148 | | |
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| 149 | 149 | | Report Title: |
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| 150 | 150 | | |
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| 151 | 151 | | DOT; Public Lands; Real Property; Acquisition; Disposition |
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| 152 | 152 | | |
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| 153 | 153 | | |
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| 154 | 154 | | |
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| 155 | 155 | | Description: |
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| 156 | 156 | | |
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| 157 | 157 | | Authorizes the Department of Transportation to acquire any real, personal, or mixed property for immediate or future use; own, hold, improve, rehabilitate, sell, assign, exchange, transfer, convey, lease, or dispose of any real, personal, or mixed property acquired; and acquire by condemnation real property for immediate or future use. Amends the definition of "public lands" to exclude lands to which the Department of Transportation holds title. Authorizes the Department of Transportation to directly acquire any real property for its purposes. |
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| 158 | 158 | | |
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| 159 | 159 | | |
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| 160 | 160 | | |
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| 161 | 161 | | |
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| 162 | 162 | | |
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| 163 | 163 | | |
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| 164 | 164 | | |
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| 165 | 165 | | The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent. |
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