Maui_MTBer
02-14-2005, 11:45 AM
Here's an example of what's going on "behind the scenes".
This also emphasizes the priorities of the land managers, protecting native forests by improving access for pig hunters.
TESTIMONY OF THE CHAIRPERSON
OF THE BOARD OF LAND AND NATURAL RESOURCES
ON H.B. NO. 1276, RELATING TO PUBLIC ACCESS
BEFORE THE HOUSE COMMITTEE ON WATER, LAND USE AND HAWAIIAN AFFAIRS
February 4, 2005
(DLNR COMMENTS) H.B 1276 amends Chapter 198D-7.5 by including additional parties associated with owners of land for indemnification from potential claims and property loss associated with public use of private lands. H.B. 1276 also provides for the appropriation of funds to conduct a metes and bounds survey and acquire an access route to the State owned Ewa Forest Reserve and the Poamoho trail through land owned by Dole Foods Hawaii (DFH)
Restoring managed public access to the Ewa Forest Reserve and the Poamoho trail is a high priority of DLNR and the hiking and hunting constituently of the Oahu general public. Poamoho is one of the most popular backcountry hiking trails, and the Ewa Forest Reserve is an important watershed that critically needs hunters to control the pig population. Public access to this significant public land has been closed since 2002.
H.B 1276 is the result of over two years of negotiations between DLNR and DFH to restore managed public access to the State owned Ewa Forest Reserve and the popular Poamoho trail for hiking and hunting. DLNR and DFH have reach agreement in principle to develop access with appropriate protections for the private landowners and have been working on a Memorandum of Agreement (MOA) between the State and DFH to proceed. The MOA has stalled over the statutory limitation in section 198D-7.5 limiting indemnification to owners of land, and possibly excluding associated parties such as lessees, officers, directors, stockholders, etc. There is uncertainty if the current statutory language allows for indemnification of other parties, and Section 2 language would eliminate that ambiguity. As such, in this particular situation the draft MOA between DLNR and DFH could then be modified to include the other parties, which may foster consensus and ultimately restoration of public access. Adding the other parties to the indemnification provision may also further the purposes of Chapter 198D in creating more public access opportunities in the future in other locations.
Section 3 provides for the acquisition of an access route, via portions of an unpaved agriculture road, in collaboration with DFH, and is independent of the statutory revisions on indemnification. DLNR would rather negotiate an access agreement, which may require the statutory changes discussed above. However, if that fails, purchasing the land may be the only recourse for providing public access.
(DEPARTMENT'S POSITION) The Department of Land and Natural Resources supports Section 2 of this bill to clarify the extent of indemnification of landowners in providing public use of their lands. Although the Department prefers to negotiate an access agreement with the landowner, it supports inclusion of Section 3 as the only recourse for providing public access.
This also emphasizes the priorities of the land managers, protecting native forests by improving access for pig hunters.
TESTIMONY OF THE CHAIRPERSON
OF THE BOARD OF LAND AND NATURAL RESOURCES
ON H.B. NO. 1276, RELATING TO PUBLIC ACCESS
BEFORE THE HOUSE COMMITTEE ON WATER, LAND USE AND HAWAIIAN AFFAIRS
February 4, 2005
(DLNR COMMENTS) H.B 1276 amends Chapter 198D-7.5 by including additional parties associated with owners of land for indemnification from potential claims and property loss associated with public use of private lands. H.B. 1276 also provides for the appropriation of funds to conduct a metes and bounds survey and acquire an access route to the State owned Ewa Forest Reserve and the Poamoho trail through land owned by Dole Foods Hawaii (DFH)
Restoring managed public access to the Ewa Forest Reserve and the Poamoho trail is a high priority of DLNR and the hiking and hunting constituently of the Oahu general public. Poamoho is one of the most popular backcountry hiking trails, and the Ewa Forest Reserve is an important watershed that critically needs hunters to control the pig population. Public access to this significant public land has been closed since 2002.
H.B 1276 is the result of over two years of negotiations between DLNR and DFH to restore managed public access to the State owned Ewa Forest Reserve and the popular Poamoho trail for hiking and hunting. DLNR and DFH have reach agreement in principle to develop access with appropriate protections for the private landowners and have been working on a Memorandum of Agreement (MOA) between the State and DFH to proceed. The MOA has stalled over the statutory limitation in section 198D-7.5 limiting indemnification to owners of land, and possibly excluding associated parties such as lessees, officers, directors, stockholders, etc. There is uncertainty if the current statutory language allows for indemnification of other parties, and Section 2 language would eliminate that ambiguity. As such, in this particular situation the draft MOA between DLNR and DFH could then be modified to include the other parties, which may foster consensus and ultimately restoration of public access. Adding the other parties to the indemnification provision may also further the purposes of Chapter 198D in creating more public access opportunities in the future in other locations.
Section 3 provides for the acquisition of an access route, via portions of an unpaved agriculture road, in collaboration with DFH, and is independent of the statutory revisions on indemnification. DLNR would rather negotiate an access agreement, which may require the statutory changes discussed above. However, if that fails, purchasing the land may be the only recourse for providing public access.
(DEPARTMENT'S POSITION) The Department of Land and Natural Resources supports Section 2 of this bill to clarify the extent of indemnification of landowners in providing public use of their lands. Although the Department prefers to negotiate an access agreement with the landowner, it supports inclusion of Section 3 as the only recourse for providing public access.