SB 1657: ADC; Real Property; Condemnation; Eminent Domain; Public Use

A BILL FOR AN ACT

RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION.

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

     SECTION 1.  Section 163D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise limited by this chapter, the corporation may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at its pleasure;

     (3)  Make and alter bylaws for its organization and internal management;

     (4)  Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties;

     (5)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (6)  Acquire or contract to acquire by grant or purchase any real, personal, or mixed property or any interest therein for its immediate or future use for the purposes of this chapter; own, hold, improve, and rehabilitate any real, personal, or mixed property acquired, and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;

     (7)  Acquire by condemnation pursuant to chapter 101 any real property, including fixtures and improvements, or any interest in real property, for the purposes of this chapter; provided that the corporation makes a determination that the property is necessary for the corporation's immediate or future use.  Notwithstanding any other law to the contrary, any real property acquired by condemnation shall not thereafter be transferred or taken for any other public use without the consent of the corporation;

    [(7)] (8)  By itself, or in partnership with qualified persons, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project;

    [(8)] (9)  In cooperation with the department of agriculture, pursuant to chapter 167, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, to acquire, construct, operate, and maintain water facilities for conveying, distributing, and transmitting water for irrigation and agricultural uses at rates or charges determined by the corporation; provided that:

          (A)  This chapter shall not be construed to permit or allow the department of agriculture or [any] agribusiness development corporation to:

              (i)  Amend or modify rights or entitlements to water as provided for by article XI, section 7, of the Constitution of the State of Hawaii, or the Hawaiian Homes Commission Act, 1920, as amended, and chapter 168;

             (ii)  Diminish or abridge the traditional and customary rights of ahupuaa tenants who inhabited the Hawaiian Islands [prior to] before 1778 under sections 1-1 and 7-1; and

            (iii)  Impair, abridge, or terminate the legal rights or interests to water and its uses, whether by lease, easement, or other means, [which] that are possessed or held by organizations whose primary purpose is to benefit people of Hawaiian ancestry; and

          (B)  All usage of water shall be in accordance with chapter 174C and other applicable laws in the State;

    [(9)] (10)  Receive, examine, and determine the acceptability of applications of qualified persons for allowances or grants for the development of new crops and agricultural products, the expansion of established agricultural enterprises, and the altering of existing agricultural enterprises;

   [(10)] (11)  Coordinate its activities with any federal or state farm credit programs;

   [(11)] (12)  Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on the terms and conditions it deems advisable;

   [(12)] (13)  Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

   [(13)] (14)  Procure insurance against any loss in connection with its property and other assets and operations in [such] amounts and from [such] insurers as it deems desirable;

   [(14)] (15)  Accept gifts or grants in any form from any public agency or any other source; and

   [(15)] (16)  Do all things necessary or proper to carry out the purposes of this chapter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

ADC; Real Property; Condemnation; Eminent Domain; Public Use

Description:

Authorizes the Agribusiness Development Corporation to acquire by condemnation any real property or interest in real property, under certain conditions.  Prohibits any real property acquired by the Corporation by condemnation from subsequently being transferred or taken for any other public use without the Corporation's consent.  Effective 7/1/3000.  (HD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION.

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

     SECTION 1.  Section 163D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise limited by this chapter, the corporation may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at its pleasure;

     (3)  Make and alter bylaws for its organization and internal management;

     (4)  Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties;

     (5)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (6)  Acquire or contract to acquire by grant or purchase any real, personal, or mixed property or any interest therein for its immediate or future use for the purposes of this chapter; own, hold, improve, and rehabilitate any real, personal, or mixed property acquired, and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;

     (7)  Acquire by condemnation pursuant to chapter 101 any real property, including fixtures and improvements, or any interest in real property, for the purposes of this chapter; provided that the corporation makes a determination that the property is necessary for the corporation's immediate or future use.  Notwithstanding any other law to the contrary, any real property acquired by condemnation shall not thereafter be transferred or taken for any other public use without the consent of the corporation;

    [(7)] (8)  By itself, or in partnership with qualified persons, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project;

    [(8)] (9)  In cooperation with the department of agriculture, pursuant to chapter 167, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, to acquire, construct, operate, and maintain water facilities for conveying, distributing, and transmitting water for irrigation and agricultural uses at rates or charges determined by the corporation; provided that:

          (A)  This chapter shall not be construed to permit or allow the department of agriculture or [any] agribusiness development corporation to:

              (i)  Amend or modify rights or entitlements to water as provided for by article XI, section 7, of the Constitution of the State of Hawaii, or the Hawaiian Homes Commission Act, 1920, as amended, and chapter 168;

             (ii)  Diminish or abridge the traditional and customary rights of ahupuaa tenants who inhabited the Hawaiian Islands [prior to] before 1778 under sections 1-1 and 7-1; and

            (iii)  Impair, abridge, or terminate the legal rights or interests to water and its uses, whether by lease, easement, or other means, [which] that are possessed or held by organizations whose primary purpose is to benefit people of Hawaiian ancestry; and

          (B)  All usage of water shall be in accordance with chapter 174C and other applicable laws in the State;

    [(9)] (10)  Receive, examine, and determine the acceptability of  applications of qualified persons for allowances or grants for the development of new crops and agricultural products, the expansion of established agricultural enterprises, and the altering of existing agricultural enterprises;

   [(10)] (11)  Coordinate its activities with any federal or state farm credit programs;

   [(11)] (12)  Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on the terms and conditions it deems advisable;

   [(12)] (13)  Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

   [(13)] (14)  Procure insurance against any loss in connection with its property and other assets and operations in [such] amounts and from [such] insurers as it deems desirable;

   [(14)] (15)  Accept gifts or grants in any form from any public agency or any other source; and

   [(15)] (16)  Do all things necessary or proper to carry out the purposes of this chapter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 3000.

Report Title:

ADC; Real Property; Condemnation; Eminent Domain; Public Use

Description:

Authorizes the Agribusiness Development Corporation to acquire by condemnation any real property or interest in real property, under certain conditions.  Prohibits any real property acquired by the Corporation by condemnation from subsequently being transferred or taken for any other public use without the Corporation's consent.  Effective 7/1/3000.  (HD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION.

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

     SECTION 1.  Section 163D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise limited by this chapter, the corporation may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at its pleasure;

     (3)  Make and alter bylaws for its organization and internal management;

     (4)  Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties;

     (5)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (6)  Acquire or contract to acquire by grant or purchase any real, personal, or mixed property or any interest therein for its immediate or future use for the purposes of this chapter; own, hold, improve, and rehabilitate any real, personal, or mixed property acquired, and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;

     (7)  Acquire by condemnation pursuant to chapter 101 any real property, including fixtures and improvements, or any interest in real property, for the purposes of this chapter; provided that:

          (A)  The corporation makes a determination that the property is necessary for the corporation's immediate or future use; and

          (B)  Notwithstanding any other law to the contrary, real property acquired by condemnation shall not thereafter be transferred or taken for any other public use without the consent of the corporation;

    [(7)] (8)  By itself, or in partnership with qualified persons, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project;

    [(8)] (9)  In cooperation with the department of agriculture, pursuant to chapter 167, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, to acquire, construct, operate, and maintain water facilities for conveying, distributing, and transmitting water for irrigation and agricultural uses at rates or charges determined by the corporation; provided that:

          (A)  This chapter shall not be construed to permit or allow the department of agriculture or [any] agribusiness development corporation to:

              (i)  Amend or modify rights or entitlements to water as provided for by article XI, section 7, of the Constitution of the State of Hawaii, or the Hawaiian Homes Commission Act, 1920, as amended, and chapter 168;

             (ii)  Diminish or abridge the traditional and customary rights of ahupuaa tenants who inhabited the Hawaiian Islands [prior to] before 1778 under sections 1-1 and 7-1; and

            (iii)  Impair, abridge, or terminate the legal rights or interests to water and its uses, whether by lease, easement, or other means, [which] that are possessed or held by organizations whose primary purpose is to benefit people of Hawaiian ancestry; and

          (B)  All usage of water shall be in accordance with chapter 174C and other applicable laws in the State;

    [(9)] (10)  Receive, examine, and determine the acceptability of  applications of qualified persons for allowances or grants for the development of new crops and agricultural products, the expansion of established agricultural enterprises, and the altering of existing agricultural enterprises;

   [(10)] (11)  Coordinate its activities with any federal or state farm credit programs;

   [(11)] (12)  Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on the terms and conditions it deems advisable;

   [(12)] (13)  Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

   [(13)] (14)  Procure insurance against any loss in connection with its property and other assets and operations in [such] amounts and from [such] insurers as it deems desirable;

   [(14)] (15)  Accept gifts or grants in any form from any public agency or any other source; and

   [(15)] (16)  Do all things necessary or proper to carry out the purposes of this chapter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

ADC; Real Property; Condemnation; Eminent Domain; Public Use

Description:

Authorizes the Agribusiness Development Corporation to acquire by condemnation any real property or interest in real property for the purposes of Chapter 163D, HRS.  Requires the Agribusiness Development Corporation to make a determination that the property is necessary for the corporation's immediate or future use.  Prohibits real property acquired by condemnation from being subsequently transferred or taken for any other public use without the consent of the Agribusiness Development Corporation.  Effective 7/1/2050.  (SD2)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION.

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

     SECTION 1.  Section 163D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise limited by this chapter, the corporation may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at its pleasure;

     (3)  Make and alter bylaws for its organization and internal management;

     (4)  Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties;

     (5)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (6)  Acquire or contract to acquire by grant or purchase any real, personal, or mixed property or any interest therein for its immediate or future use for the purposes of this chapter; own, hold, improve, and rehabilitate any real, personal, or mixed property acquired, and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;

     (7)  Acquire by condemnation pursuant to chapter 101 any real property, including fixtures and improvements, or any interest in real property, for the purposes of this chapter; provided that:

          (A)  The corporation makes a determination that the property is necessary for the corporation's immediate or future use;

          (B)  Notwithstanding section 163D-16, the corporation may acquire by condemnation real property already devoted to public use; and

          (C)  Notwithstanding any other law to the contrary, real property acquired by condemnation shall not thereafter be transferred or taken for any other public use without the consent of the corporation;

    [(7)] (8)  By itself, or in partnership with qualified persons, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project;

    [(8)] (9)  In cooperation with the department of agriculture, pursuant to chapter 167, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, to acquire, construct, operate, and maintain water facilities for conveying, distributing, and transmitting water for irrigation and agricultural uses at rates or charges determined by the corporation; provided that:

          (A)  This chapter shall not be construed to permit or allow the department of agriculture or [any] agribusiness development corporation to:

              (i)  Amend or modify rights or entitlements to water as provided for by article XI, section 7, of the Constitution of the State of Hawaii, or the Hawaiian Homes Commission Act, 1920, as amended, and chapter 168;

             (ii)  Diminish or abridge the traditional and customary rights of ahupuaa tenants who inhabited the Hawaiian Islands prior to 1778 under sections 1-1 and 7-1; and

            (iii)  Impair, abridge, or terminate the legal rights or interests to water and its uses, whether by lease, easement, or other means, [which] that are possessed or held by organizations whose primary purpose is to benefit people of Hawaiian ancestry; and

          (B)  All usage of water shall be in accordance with chapter 174C and other applicable laws in the State;

    [(9)] (10)  Receive, examine, and determine the acceptability of  applications of qualified persons for allowances or grants for the development of new crops and agricultural products, the expansion of established agricultural enterprises, and the altering of existing agricultural enterprises;

   [(10)] (11)  Coordinate its activities with any federal or state farm credit programs;

   [(11)] (12)  Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on the terms and conditions it deems advisable;

   [(12)] (13)  Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

   [(13)] (14)  Procure insurance against any loss in connection with its property and other assets and operations in [such] amounts and from [such] insurers as it deems desirable;

   [(14)] (15)  Accept gifts or grants in any form from any public agency or any other source; and

   [(15)] (16)  Do all things necessary or proper to carry out the purposes of this chapter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect on July 1, 2050.

Report Title:

ADC; Real Property; Condemnation; Eminent Domain; Public Use

Description:

Authorizes the Agribusiness Development Corporation to acquire by condemnation any real property or interest in real property, including real property already devoted to public use, for the purposes of Chapter 163D, HRS.  Requires the Agribusiness Development Corporation to make a determination that the property is necessary for the corporation's immediate or future use.  Prohibits real property acquired by condemnation from being subsequently transferred or taken for any other public use without the consent of the Agribusiness Development Corporation.  Effective 7/1/2050.  (SD1)

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

A BILL FOR AN ACT

relating to the agribusiness development corporation.

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

     SECTION 1.  Section 163D-4, Hawaii Revised Statutes, is amended by amending subsection (a) to read as follows:

     "(a)  Except as otherwise limited by this chapter, the corporation may:

     (1)  Sue and be sued;

     (2)  Have a seal and alter the same at its pleasure;

     (3)  Make and alter bylaws for its organization and internal management;

     (4)  Adopt rules under chapter 91 necessary to effectuate this chapter in connection with its projects, operations, and properties;

     (5)  Make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions under this chapter;

     (6)  Acquire or contract to acquire by grant or purchase any real, personal, or mixed property or any interest therein for its immediate or future use for the purposes of this chapter; own, hold, improve, and rehabilitate any real, personal, or mixed property acquired, and sell, assign, exchange, transfer, convey, lease, or otherwise dispose of, or encumber the same;

     (7)  Acquire by condemnation pursuant to chapter 101 any real property, including fixtures and improvements, or any interest in real property, for the purposes of this chapter; provided that:

          (A)  The corporation makes a determination that the property is necessary for the corporation's immediate or future use;

          (B)  Notwithstanding section 163D-16, the corporation may acquire by condemnation real property already devoted to public use; and

          (C)  Notwithstanding any other law to the contrary, real property acquired by condemnation shall not thereafter be transferred or taken for any other public use without the consent of the corporation;

    [(7)] (8)  By itself, or in partnership with qualified persons, acquire, construct, reconstruct, rehabilitate, improve, alter, or repair any infrastructure or accessory facilities in connection with any project; own, hold, sell, assign, transfer, convey, exchange, lease, or otherwise dispose of, or encumber any project;

    [(8)] (9)  In cooperation with the department of agriculture, pursuant to chapter 167, or otherwise through direct investment or coventure with a professional investor or enterprise or any other person, or otherwise, to acquire, construct, operate, and maintain water facilities for conveying, distributing, and transmitting water for irrigation and agricultural uses at rates or charges determined by the corporation; provided that:

          (A)  This chapter shall not be construed to permit or allow the department of agriculture or any agribusiness development corporation to:

              (i)  Amend or modify rights or entitlements to water as provided for by article XI, section 7, of the Constitution of the State of Hawaii, or the Hawaiian Homes Commission Act, 1920, as amended, and chapter 168;

             (ii)  Diminish or abridge the traditional and customary rights of ahupua`a tenants who inhabited the Hawaiian Islands prior to 1778 under sections 1-1 and 7-1; and

            (iii)  Impair, abridge, or terminate the legal rights or interests to water and its uses, whether by lease, easement, or other means, [which] that are possessed or held by organizations whose primary purpose is to benefit people of Hawaiian ancestry; and

          (B)  All usage of water shall be in accordance with chapter 174C and other applicable laws in the State;

    [(9)] (10)  Receive, examine, and determine the acceptability of  applications of qualified persons for allowances or grants for the development of new crops and agricultural products, the expansion of established agricultural enterprises, and the altering of existing agricultural enterprises;

   [(10)] (11)  Coordinate its activities with any federal or state farm credit programs;

   [(11)] (12)  Grant options to purchase any project or to renew any lease entered into by it in connection with any of its projects, on the terms and conditions it deems advisable;

   [(12)] (13)  Provide advisory, consultative, training, and educational services, technical assistance, and advice to any person, partnership, or corporation, either public or private, in order to carry out the purposes of this chapter, and engage the services of consultants on a contractual basis for rendering professional and technical assistance and advice;

   [(13)] (14)  Procure insurance against any loss in connection with its property and other assets and operations in [such] amounts and from [such] insurers as it deems desirable;

   [(14)] (15)  Accept gifts or grants in any form from any public agency or any other source; and

   [(15)] (16)  Do all things necessary or proper to carry out the purposes of this chapter."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

     SECTION 3.  This Act shall take effect upon its approval.

Report Title:

ADC; Real Property; Condemnation; Eminent Domain; Public Use

Description:

Authorizes the Agribusiness Development Corporation to acquire by condemnation any real property or interest in real property, including real property already devoted to public use, for the purposes of Chapter 163D, HRS.  Requires the Agribusiness Development Corporation to make a determination that the property is necessary for the corporation's immediate or future use.  Prohibits real property acquired by condemnation from being subsequently transferred or taken for any other public use without the consent of the Agribusiness Development Corporation.

The summary description of legislation appearing on this page is for informational purposes only and is not legislation or evidence of legislative intent.

STAND. COM. REP. NO.  1461

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1657

      S.D. 2

      H.D. 2

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Judiciary & Hawaiian Affairs, to which was referred S.B. No. 1657, S.D. 2, H.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Agribusiness Development Corporation to acquire by condemnation any real property or interest in real property, under certain conditions.

     Your Committee received testimony in support of this measure from the Department of Agriculture; Agribusiness Development Corporation; and Hawaiʻi Farm Bureau.

     Your Committee finds that increasing competition for land and water access has made it more challenging for farmers to sustain and expand agricultural operations, putting the future of local food production at risk.  This measure enhances the Agribusiness Development Corporation's authority to acquire, protect, and manage agricultural lands, ensuring they remain designated for farming and support diversified agriculture.  By strengthening land preservation efforts and securing vital resources, this measure helps promote long-term agricultural sustainability and food security in Hawaii.

     Your Committee has amended this measure by making a technical, nonsubstantive amendment for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Judiciary & Hawaiian Affairs that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1657, S.D. 2, H.D. 1, as amended herein, and recommends that it be referred to your Committee on Finance in the form attached hereto as S.B. No. 1657, S.D. 2, H.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary & Hawaiian Affairs,

STAND. COM. REP. NO.  1225

Honolulu, Hawaii

                , 2025

RE:   S.B. No. 1657

      S.D. 2

      H.D. 1

Honorable Nadine K. Nakamura

Speaker, House of Representatives

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Madame:

     Your Committee on Agriculture & Food Systems, to which was referred S.B. No. 1657, S.D. 2, entitled:

"A BILL FOR AN ACT RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION,"

begs leave to report as follows:

     The purpose of this measure is to authorize the Agribusiness Development Corporation to acquire by condemnation any real property or interest in real property, under certain conditions.

     Your Committee received testimony in support of this measure from the Agribusiness Development Corporation.  Your Committee received comments on this measure from the Hawaiʻi Farm Bureau.  

     Your Committee finds that protecting agricultural land and water resources is critical to sustaining Hawaii's farming industry and ensuring long-term food security.  Over time, securing land and water access for farmers has become increasingly difficult, threatening the viability of local agriculture.  This measure strengthens Agribusiness Development Corporation's ability to preserve and expand agricultural lands, ensuring they remain dedicated to farming and are available to support diversified agriculture and long-term food production.

     Your Committee has amended this measure by:

     (1)  Changing the effective date to July 1, 3000, to encourage further discussion; and

     (2)  Making technical, nonsubstantive amendments for the purposes of clarity, consistency, and style.

     As affirmed by the record of votes of the members of your Committee on Agriculture & Food Systems that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1657, S.D. 2, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1657, S.D. 2, H.D. 1, and be referred to your Committee on Judiciary & Hawaiian Affairs.

Respectfully submitted on behalf of the members of the Committee on Agriculture & Food Systems,

STAND. COM. REP. NO. 1022

Honolulu, Hawaii

RE:    S.B. No. 1657

       S.D. 2

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Judiciary, to which was referred S.B. No. 1657, S.D. 1, entitled:

"A BILL FOR AN ACT RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Authorize the Agribusiness Development Corporation (ADC) to acquire by condemnation any real property or interest in real property, including real property already devoted to public use, for the purposes of Chapter 163D, Hawaii Revised Statutes;

     (2)  Require the ADC to make a determination that the property is necessary for the ADC's immediate or future use; and

     (3)  Prohibit real property acquired by condemnation from being subsequently transferred or taken for any other public use without the consent of the ADC.

     Your Committee received testimony in support of this measure from the Agribusiness Development Corporation and one individual.

     Your Committee received comments on this measure from the Department of Land and Natural Resources and Hawaiʻi Farm Bureau.

     Your Committee finds that the viability of the agribusiness industry is heavily dependent on access to land and water.  Through ownership of real property such as vacant farmland, irrigation infrastructure, and similar agricultural facilities, the ADC can more efficiently achieve its purpose in supporting local farmers and producers.  This measure will bolster the State's food resilience goals by allowing the ADC to acquire certain real property by condemnation.

     Your Committee has amended this measure by:

     (1)  Deleting language that would have authorized the Agribusiness Development Corporation to acquire by condemnation real property already devoted to public use; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Judiciary that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1657, S.D. 1, as amended herein, and recommends that it pass Third Reading in the form attached hereto as S.B. No. 1657, S.D. 2.

Respectfully submitted on behalf of the members of the Committee on Judiciary,

STAND. COM. REP. NO. 450

Honolulu, Hawaii

RE:    S.B. No. 1657

       S.D. 1

Honorable Ronald D. Kouchi

President of the Senate

Thirty-Third State Legislature

Regular Session of 2025

State of Hawaii

Sir:

     Your Committee on Economic Development and Tourism, to which was referred S.B. No. 1657 entitled:

"A BILL FOR AN ACT RELATING TO THE AGRIBUSINESS DEVELOPMENT CORPORATION,"

begs leave to report as follows:

     The purpose and intent of this measure is to:

     (1)  Authorize the Agribusiness Development Corporation (ADC) to acquire by condemnation any real property or interest in real property, including real property already devoted to public use, for the purposes of chapter 163D, Hawaii Revised Statutes;

     (2)  Require ADC to make a determination that the property is necessary for the ADC's immediate or future use; and

     (3)  Prohibit real property acquired by condemnation from being subsequently transferred or taken for any other public use without the consent of ADC.

     Your Committee received testimony in support of this measure from the Agribusiness Development Corporation.

     Your Committee received comments on this measure from the Department of Land and Natural Resources.  

     Your Committee finds that land and water are critical components for the agriculture and food production industries to achieve self-sufficiency in the State.  Allowing ADC to obtain real property, including but not limited to vacant farmland, irrigation infrastructure, and facilities related to agricultural productivity, will enable ADC to better assist local farmers.  Therefore, this measure will help the State achieve its food resiliency goals by fostering agricultural development and supporting food production industry.

Accordingly, your Committee has amended this measure by:

     (1)  Inserting an effective date of July 1, 2050, to encourage further discussion; and

     (2)  Making a technical, nonsubstantive amendment for the purposes of clarity and consistency.

     As affirmed by the record of votes of the members of your Committee on Economic Development and Tourism that is attached to this report, your Committee is in accord with the intent and purpose of S.B. No. 1657, as amended herein, and recommends that it pass Second Reading in the form attached hereto as S.B. No. 1657, S.D. 1, and be referred to your Committee on Judiciary.

Respectfully submitted on behalf of the members of the Committee on Economic Development and Tourism,