Highlights of HRS 46 - County Organization

--Provided by Hawai`i's Thousand Friends' PROTECT Project and OHELO Students

DID YOU KNOW THAT under Hawaii Rev. Stat. §46-161 to §46-165 -


Counties can transfer the right to develop one piece of land to another piece of land in order to:
1. Protect the natural, scenic, and agricultural qualities of open lands.
2. Enhance sites and areas of special character or special historical, cultural, aesthetic; or economic interest or value.
3. Enable and encourage flexibility of design and careful management of land in recognition of land as a basic and valuable natural resource. The legislature finds that transfer of development rights programs can help to ensure proper growth, while protecting open and distinctive areas and spaces of varied size and character, including many areas annd spaces of varied ecological, scenic, historical, aesthetic, or economic value. These areas, if preserved and maintained in their present state, would constitute important physical, social, aesthetic, or economic assets to existing or impending urban and metropolitan development. The legislature further finds that transferring development rights is a useful technique to achieve community objectives. Properly utilized, the concept can be fully consistent with comprehensive planning requirements. The legislature further finds and declares that the concept, utilizing the normal market in land, can provide a mechanism of just compensation to owners of property to be protected or preserved. (exact statutory language)