2012-01-09 Public Access, Open Space and Natural Resources Preservation Commission Minutes

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Mr. Van Bergen asked when HILT acquires land in fee are there deed restrictions. Mr. Bonar replied that if there are grant monies involved in the acquisition and requirements and typically HILT will provide a conservation easement to the state or county. Should HILT become incapable of managing these lands or wish to transfer to another non-profit then both the county and the state has to approve the transfer or the land will revert back to them. Ms. Matsumura then asked that if all fails and the property reverts to the state or county, would they be able to sell it to a developer. Mr. Bonar replied that if and/or state or county, you have eminent domain, so technically, yes. Ms. Byrne Baber asked if you could put any legal restrictions on the property. Mr. Van Bergen replied that it would have to go to County Council for approval. Mr. Bonar replied that any restriction that HILT puts on a senior jurisdiction would have to approve. Mr. Bonar added that if you put a conservation easement on your land it places permanent restrictions on the land and the landowner gives up some/all developmental rights. There are also tax benefits ILT will monitor annually to ensure compliance with terms of easement and enforce as necessary. Ms. Britt then talked about the flexibility of conservation easements and how they are specific for each ion landowner. Ms. Nicholson asked what happens when the conservation value changes; for instance, a lava flow wipes out a forest that was a nesting site. Ms. Britt replied that i really not much you can do about that. no need for the easement. There are provisions that would allow you to Ms. Britt talked about how conservation easements conserve agricultural lands, restore the ecological integrity and provide public access. They are far less expensive than fee acquisition, promote private land conservation and provide opportunities for cooperative partnerships among private landowners, conservation groups and government agencies including the County. also a stewardship fund to maintain the lands so before a property/easement is acquired they calculate how much it will cost to monitor and maintain once acquired if the landowner cannot come up with the extra money. Mr. Hirakami commented that there seems to be a conflict between the slides, one says that a conservation easement does not provide public access but another says otherwise. Ms. Britt replied that they are flexible documents and if the easement would be for access then that would be the primary purpose versus an easement designated for agriculture that would restrict public access. - 2 -