Laserfiche WebLink
<br />back at the next meeting, which would be in May. She noted that site visits are not required, but <br />they help commissioners better experience the properties. She further explained that scoring <br />would take place at the July meeting using the scoring sheet and criteria set out in the rules, and <br />that any property meeting the required threshold would be placed on the prioritized list. That list <br />would then be included in the annual report submitted to the Mayor, who has 60 days to forward <br />it to the County Council. She stated that, once received, the Council may review the report and <br />adopt a resolution authorizing the Department of Finance to negotiate with a property owner for <br />a potential purchase. <br /> <br />DCC Campbell then explained the difference between a fee simple purchase and a conservation <br />easement. She stated that the Charter allows the County to acquire property either in fee simple <br />or through an easement, and that all easements acquired to date have been conservation <br />easements. She explained that a fee simple purchase is the more typical form of acquisition, in <br />which the County purchases the property outright, subject to the requirement that the County <br />obtain its own appraisal and not pay more than the appraised value. <br /> <br />With respect to conservation easements, DCC Campbell explained that the County does not <br />become the fee simple owner of the property but instead acquires certain development rights for <br />the purpose of restricting or eliminating future development. Using Mahukona as an example, she <br />stated that rights such as hotel development, commercial use, and subdivision can be acquired <br />through a conservation easement so that those uses cannot occur. She explained that the value of <br />a conservation easement is determined by comparing the value of the property before and after <br />the easement restrictions are applied, with the difference representing the value of the rights <br />being given up. She noted that the County currently holds four conservation easements purchased <br />with Preservation Fund monies. <br /> <br />DCC Campbell stated that conservation easements are more complicated than fee simple <br />acquisitions because the terms of each easement must be negotiated based on the specific <br />property and the rights being given up, and because the County assumes ongoing enforcement <br />and oversight obligations after purchase. She explained that, in the transactions completed so far, <br />the anticipated grantor of the easement often did not yet own the property at the time <br />negotiations began, and instead relied on the County’s easement purchase funds to help complete <br />its own acquisition. She stated that this results in a coordinated back-to-back closing process <br />through escrow. <br /> <br />She further noted that, although the fee simple owner of a property subject to a conservation <br />easement may change over time, the easement remains in place and continues to bind future <br />owners. She used Mahukona as an example and explained that, if Hawaiian Islands Land Trust <br />were no longer the fee simple owner, any subsequent owner would still be subject to the terms of <br />the conservation easement held by the County. <br /> <br />Chr. Chang asked whether, in the case of a conservation easement, the property would be <br />assessed based on its value after removal of the development rights. <br /> <br />DCC Campbell explained that the County hires a professional appraiser to determine the value of a <br />conservation easement. She stated that the appraiser first determines the value of the property <br />with all development rights intact, then determines its value after accounting for the rights that <br />would be given up under the proposed conservation easement. She explained that the difference <br />DRAFT v.1 BS - Minutes of March 9, 2026 <br />Page 3 <br /> <br /> <br />