reglab/housing_qa huggingface dataset:
HI Rev Stat § 171-27 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-27 Taxes.

  §171-27 Taxes. Any provision to the contrary notwithstanding, leases and licenses issued by the board of land and natural resources and permits issued to permittees, who are holdover lessees or licensees, shall be subject to real property taxes which shall be assessed on a pro rata basis against the lessee, licensee or the permittee and the lessee's, licensee's or permittee's successor in interest.  The board shall notify the lessee, licensee, or permittee and each holder of record having a security interest as provided in section 171-21 of any default in the payment of the taxes and upon failure to remedy the default within sixty days after receipt of notice of default, the board shall cancel and terminate the lease, license, or permit without prejudice to any other remedies the State may have against the lessee, licensee, or permittee. [L 1962, c 32, pt of §2; Supp, §103A-27; am L 1967, c 234, §7; HRS §171-27; gen ch 1985]
HI Rev Stat § 171-28 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-28 Government-owned Hawaiian fishponds; sale prohibition.

  §171-28 Government-owned Hawaiian fishponds; sale prohibition. (a) The board may investigate and develop scientific commercial management practices for government-owned Hawaiian fishponds and reconstruct, rehabilitate, improve, and stock the fishponds; and expend moneys from the special land and development fund. All revenues derived from any government-owned Hawaiian fishpond shall be deposited in the fund.  (b) The board may lease government-owned Hawaiian fishponds with legislative authorization as provided under section 171-53(c); provided that in lieu of legislative authorization, the board may lease such fishponds if:  (1) A public hearing is conducted on the proposed lease on the island where the fishpond is located;  (2) The board finds that the proposed lease does not cause a substantial adverse environmental or ecological impact on the fishpond or surrounding area; and  (3) The proposed lease is not in violation of applicable federal, state, or county laws.  (c) Any law to the contrary notwithstanding, the board may not sell the fee interest in public lands on which government-owned Hawaiian fishponds are located. [L 1962, c 32, pt of §2; Supp, §103A-28; HRS §171-28; am L 1994, c 69, §1; am L 2010, c 210, §1]
HI Rev Stat § 171-29 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-29 Report to legislature on all dispositions.

  §171-29 Report to legislature on all dispositions. (a) The board of land and natural resources shall submit a written report annually to the legislature within ten days of the convening of each regular session, of all land dispositions made in the preceding year, including sales, leases, leases with options to purchase, licenses, concessions, permits, exchanges, and setting aside of lands by executive orders, the persons to whom made, the size of each disposition, the purpose for which made, the land classification of each, the tax map key number, the per unit price paid or set, and whether the disposition was by auction, by drawing, or by negotiation. When land originally leased by the board is, in turn, subleased by the board's lessee or sublessee, the report shall include, in addition to the foregoing information, the reason for approval of the sublease by the board and the estimated net economic result accruing to the State, lessee and sublessee.  (b) Whenever in this chapter any sale, lease, easement, license, executive order, quitclaim, exchange, or other disposition is made subject to disapproval of the legislature, a written report thereof containing the information required in subsection (a) of this section shall be submitted to the legislature in the session next following the date of the disposition within ten days of the convening of the session. [L 1962, c 32, pt of §2; Supp, §103A-29; am L 1967, c 234, §8; HRS §171-29; am L 1972, c 173, §2]
HI Rev Stat § 171-31 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-31 Depository for documents; filing, record.

  §171-31 Depository for documents; filing, record. The department of land and natural resources is designated as a depository for purpose of recordation with the registrar of conveyances, all documents pertaining to real property or any interest therein conveyed to the Territory or State or to any political subdivision thereof.  The officer in charge of any department of the State or any department of any political subdivision thereof, who is authorized to negotiate for the acquisition of real property or any interests therein shall within thirty days after the execution of the necessary documents involved, file all the documents pertaining to the real property or any interest therein with the department. Two blueprint plans of the real property shall also be filed with the department.  All such documents shall be offered for record by direction of the board of land and natural resources and recorded by the registrar of conveyances free of charge. [L 1962, c 32, pt of §2; Supp, §103A-31; HRS §171-31]
HI Rev Stat § 171-31.6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-31.6 Criminal penalties.

  §171-31.6 Criminal penalties. (a) Any person found guilty of a violation of this chapter or any rules adopted thereunder shall be guilty of a petty misdemeanor and shall be punished as follows:  (1) For a first offense, by a mandatory fine of not less than $500, or imprisonment of not more than thirty days, or both;  (2) For a second offense within five years of a previous conviction under this section, by a mandatory fine of not less than $1,000, or imprisonment of not more than thirty days, or both; and  (3) For a third or subsequent offense within five years of two prior convictions under this section, by a mandatory fine of not less than $2,000, or imprisonment of not more than thirty days, or both.  (b) Any criminal action against a person for any violation under this section shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against the person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rules adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person pursuant to this section. [L 2008, c 216, §1]
HI Rev Stat § 171-32 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-32 Policy.

  §171-32 Policy. Unless otherwise specifically authorized in this chapter or by subsequent legislative acts, all dispositions shall be by lease only, disposed of by public auction in accordance with the procedure set forth in sections 171-14 and 171-16. [L 1962, c 32, pt of §2; am L 1965, c 239, §4; Supp, §103A-32; HRS §171-32] Case Notes  Rental of excess transmission capacity in facilities of Molokai irrigation system did not constitute disposition of public lands. 62 H. 546, 617 P.2d 1208.
HI Rev Stat § 171-33 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-33 Planning; generally.

  §171-33 Planning; generally. Prior to any notice of intended disposition, the board of land and natural resources shall:  (1) Classify the land according to its use or uses as provided in this chapter;  (2) Determine the specific use or uses for which the disposition is intended;  (3) Parcel land into units of minimum size areas related to the intended specific use or uses and sufficient for an economic operation, hereinafter called an "economic unit";  (4) Determine the requirements for the construction of building or other improvements, which are necessary or desirable to encourage the highest use of the land;  (5) Determine the upset price or lease rental, based upon the fair market value of the land employed to the specific use or uses for which the disposition is being made, with due consideration for all of the terms and conditions of the disposition;  (6) Determine the necessary conditions of disposition which will discourage speculation;  (7) In the case of leases, determine the minimum tenure necessary to support the intended use or uses and the necessity for periodic rent openings in long-term leases to assure the State a fair return;  (8) Prepare the proposed documents and make them available for public inspection;  (9) Determine, two years before the expiration of the term of any lease, whether the premises are to be demised for the same use or uses under a new lease or whether all or any part thereof is to be reserved for other use or uses and then promptly notify the lessee of the determination. [L 1962, c 32, pt of §2; am L 1965, c 239, §16; Supp, §103A-33; HRS §171-33] Case Notes  Absent showing that lot sizes were unrelated to intended use and insufficient for economic operation, court held board did not abuse discretion in setting lot size. 60 H. 228, 588 P.2d 430.
HI Rev Stat § 171-34 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-34 Planning; intensive agricultural and pasture uses.

  §171-34 Planning; intensive agricultural and pasture uses. In addition to the requirements set forth in section 171-33, if the intended disposition is for intensive agricultural or pasture uses, the board of land and natural resources shall:  (1) Make or cause to be made an on-the-ground inspection of the land;  (2) Secure data or information from the land study bureau relating to such parcel;  (3) Review any other pertinent information with respect to the land and the surrounding area; and  (4) Based upon information obtained, prepare a written report on the land, which report shall include the following:  (A) The class of the land within the specific use for which disposition is intended;  (B) The condition of the land with respect to its state of development;  (C) Existing improvements, if any;  (D) Extent of uncontrolled erosion if any;  (E) Nature of forage; and  (F) Extent of infestation with noxious weeds. [L 1962, c 32, pt of §2; Supp, §103A-34; HRS §171-34] Case Notes  Absent showing that lot sizes were unrelated to intended use and insufficient for economic operation, court held board did not abuse discretion in setting lot size. 60 H. 228, 588 P.2d 430.
HI Rev Stat § 171-35 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-35 Lease provisions; generally.

Cross References Civil relief for state military forces, see chapter 657D.  Disposition of state boating facility properties, see §200-2.5.  §171-35 Lease provisions; generally. Every lease issued by the board of land and natural resources shall contain:  (1) The specific use or uses to which the land is to be employed;  (2) The improvements required; provided that a minimum reasonable time be allowed for the completion of the improvements;  (3) Restrictions against alienation as set forth in section 171-36;  (4) The rent, as established by the board or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments;  (5) Where applicable, adequate protection of forests, watershed areas, game management areas, wildlife sanctuaries, and public hunting areas, reservation of rights-of-way and access to other public lands, public hunting areas, game management areas, or public beaches, and prevention of nuisance and waste; and  (6) Such other terms and conditions as the board deems advisable to more nearly effectuate the purposes of the state constitution and of this chapter. [L 1962, c 32, pt of §2; am L 1965, c 239, §17; Supp, §103A-35; HRS §171-35; am L 1981, c 116, §6; am L 1989, c 253, §1] Attorney General Opinions  Land board may require compliance with county ordinances except planning and zoning laws. Att. Gen. Op. 86-3. Law Journals and Reviews  Beach Access: A Public Right? 23 HBJ 65. Case Notes  Cited: 53 H. 567, 498 P.2d 631.
HI Rev Stat § 171-36.1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-36.1 Reservation of rights to prehistoric and historic remains on leased public lands.

  §171-36.1 Reservation of rights to prehistoric and historic remains on leased public lands. The board of land and natural resources shall, in leases of public lands retain the rights to all prehistoric and historic remains found on such lands. [L 1969, c 216, §7]
HI Rev Stat § 171-36.2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-36.2 Public lands for historic preservation and restoration.

  §171-36.2 Public lands for historic preservation and restoration. (a) Any law to the contrary notwithstanding, the board may lease public lands in the State for use in historic preservation and restoration projects:  (1) Through negotiations; and  (2) For a price which shall be determined by the board.  (b) The department shall adopt rules pursuant to chapter 91 to determine what constitutes historic preservation and restoration projects for the purposes of this section; provided that no definition or criteria established shall conflict with any federal, state, or county law.  (c) All subleases of land disposed of pursuant to this section shall be subject to the approval of the board. [L 1985, c 33, §2; am L 2002, c 114, §1]
HI Rev Stat § 171-37 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-37 Lease restrictions; intensive agricultural and pasture uses.

  §171-37 Lease restrictions; intensive agricultural and pasture uses. In addition to the restrictions provided in section 171-36, the following restrictions shall apply to all leases for intensive agricultural and pasture uses:  (1) The lease term shall not be less than fifteen years nor more than thirty-five years, except that if the type of disposition requires the lessee to occupy the premises as the lessee's own personal residence, the lease term may be longer than thirty-five years; provided that the lease term shall not be in excess of seventy-five years, except that in the case of a tree-crop orchard lease, the term shall not be in excess of forty-five years;  (2) If the land being leased is not immediately productive and requires extensive expenditures for clearing, conditioning of the soil, the securing of water, the planting of grasses, or the construction of improvements, as the result of which a longer term is necessary to amortize the lessee's investment, then the lease term may be longer than thirty-five years, but not in excess of fifty-five years; and  (3) The land leased hereunder, or any portion thereof, shall be subject to withdrawal by the board at any time during the term of the lease with reasonable notice and compensation, as provided in section 171-37.5, for public uses or purposes, including residential, commercial, industrial, or resort developments, for constructing new roads or extensions, or changes in line or grade of existing roads, for rights-of-way and easements of all kinds, and shall be subject to the right of the board to remove soil, rock, or gravel as may be necessary for the construction of roads and rights-of-way within or without the demised premises.  "Tree-crop", as used in this section, shall be exclusive of papaya and banana. [L 1962, c 32, pt of §2; am L 1965, c 239, §19; Supp, §103A-37; am L 1967, c 234, §15; HRS §171-37; am L 1973, c 68, §1; am L 1982, c 198, §1; gen ch 1985; am L 1987, c 88, §1; am L 2013, c 234, §3]
HI Rev Stat § 171-38 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-38 Condemnation of leases.

  §171-38 Condemnation of leases. The lease shall provide that whenever a portion of the public land under lease is condemned for public purposes by the State, or any county or city and county, or any other governmental agency or subdivision, the rental shall be reduced in proportion to the value of the portion of the premises condemned, and the lessee shall be entitled to receive from the condemning authority the:  (1) Value of growing crops, if any, that the lessee is not permitted to harvest; and  (2) Proportionate value of the lessee's permanent improvements taken in the proportion that it bears to the unexpired term of the lease. The lessee, in the alternative, may remove and relocate the lessee's improvements to the remainder of the lands occupied by the lessee. The foregoing rights of the lessee shall not be exclusive of any other to which the lessee may be entitled by law, including those rights established in section 171-37.5. Where the portion taken renders the remainder unsuitable for the uses for which the land was leased, the lessee shall have the option to surrender the lessee's lease and be discharged for any further liability therefor; provided that the lessee may remove the lessee's permanent improvements within a reasonable period allowed by the board. [L 1962, c 32, pt of §2; Supp, §103A-38; HRS §171-38; gen ch 1985; am L 2013, c 234, §4]
HI Rev Stat § 171-39 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-39 Leases; forfeiture.

  §171-39 Leases; forfeiture. Upon the violation of any condition or term of any lease to be observed or performed by the lessee or tenant, the board of land and natural resources shall, after the notice of default as provided in section 171-20, and subject to the rights of each holder of record having a security interest as provided in section 171-21, terminate the lease or tenancy and take possession of the leased land, without demand or previous entry and without legal process, together with all improvements placed thereon and shall retain all rent paid in advance as damages for the violations. [L 1962, c 32, pt of §2; Supp, §103A-39; HRS §171-39]
HI Rev Stat § 171-40 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-40 Expired leases; holdover.

  §171-40 Expired leases; holdover. Upon expiration of the lease term, if the leased land is not otherwise disposed of, the board of land and natural resources may allow the lessee to continue to hold the land for a period not exceeding one year upon such rent, terms, and conditions as the board may prescribe; provided that if, immediately prior to the expiration of the lease, the land was cultivated with crops having ratoons for at least one cycle, as defined hereinafter, the board may permit the lessee to continue to hold the leased land until the crops from the last remaining cycle have been harvested. The term "cycle" as used in this section means the period required to plant and cultivate the original crop, including the harvesting of the first ratoon, being a period exceeding two years.  Upon expiration of the one-year extension, if the board has not yet decided upon the re-lease of the land or reservation for other purposes, the board may issue a temporary permit to the lessee, subject to section 171-55 and the rent and such other terms and conditions as the board may prescribe. [L 1962, c 32, pt of §2; Supp, §103A-40; HRS §171-40]
HI Rev Stat § 171-41 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-41 Commercial, industrial, and other business uses.

  §171-41 Commercial, industrial, and other business uses. (a) Leases for commercial, industrial, and other business uses shall be made only pursuant to a development plan which provides for careful placement of complementary enterprises consistent with county zoning requirements; except that development plans for leases of parcels in industrial parks developed under section 171-134(b) shall provide for careful placement of complementary enterprises consistent with the final plans and specifications under section 171-134(b). Where a disposition for any such use is made without advance parcelization, the board shall make adequate provisions for the compatibility of the proposed enterprises with any existing surrounding private developments. The board, wherever possible, shall control the landscaping and architecture of the enterprises and protect the public against the creation of nuisances of smoke, soot, irritating odors and gases, and harmful wastes.  (b) The board may sell public land in fee simple for commercial, industrial, or other business uses with the prior approval of the governor and subject to disapproval by two-thirds vote of either the senate or the house of representatives or by majority vote of both in any regular or special session next following the date of disposition; provided the above restrictions shall not apply to any sale of land initially acquired for highway purposes with participating federal funds and which land is later found to be in excess of the need for highway purposes. [L 1962, c 32, pt of §2; am L 1963, c 196, §1; am L 1965, c 239, §20; Supp, §103A-41; HRS §171-41; am L 1972, c 38, §1; am L 1988, c 361, §4]
HI Rev Stat § 171-41.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-41.5 Amendment of commercial, hotel, or industrial lease.

  §171-41.5 Amendment of commercial, hotel, or industrial lease. (a) The board of land and natural resources, after notification and public hearing as provided in subsection (b), may amend the height, density, and other building restrictions or requirements and the specific use or uses contained in a lease for hotel, commercial, or industrial use of public land to another or an additional specific hotel, commercial, or industrial use or uses, or restriction; provided that the lease has been in effect twenty years or more, and upon:  (1) The application of the lessee;  (2) Consent of each holder of record having a security interest in any improvements made by the lessee to the leased public land;  (3) A finding by not less than two-thirds of the total membership of the board that the amended use or uses or restriction is in the public interest; and  (4) Agreement by the lessee that the lessee, commencing from the effective date of the amendment, shall pay a revised annual rent equal to the annual fair market rental value of the land based on the amendment. The annual fair market value of the land shall be determined and set by the board. Such amendments shall not be construed to permit the construction of improvements not otherwise permitted by county zoning regulations applicable to the public land.  (b) Before any amendment to a state lease, the board of land and natural resources shall give no fewer than fourteen days' public notice statewide and, in addition, in the county where the subject property is situated. A full hearing shall be given by the board of land and natural resources, to all who desire to be heard upon the subject matter of the notice. The hearing shall be public, on the island where the subject property is situated, and shall be conducted under rules that the board may adopt. [L 1986, c 252, §2; am L 1990, c 73, §1; am L 1998, c 2, §37]