reglab/housing_qa huggingface dataset:
HI Rev Stat § 171-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-7 General duties of the board.

  §171-7 General duties of the board. Except as provided by law the board of land and natural resources through the chairperson shall:  (1) Maintain an accurate inventory of public lands;  (2) Prevent illegal activities on, unlawful occupation of, or trespassing on public lands;  (3) Cause all trespassers and persons unlawfully occupying public lands, and their effects, and all animals trespassing on the lands to be removed therefrom and to impound the animals according to law;  (4) Enter on any public land in order to take possession thereof, and to resume possession of any public land in case of surrender, forfeiture, or escheat;  (5) Enforce contracts respecting sales, leases, licenses, permits, or other disposition of public lands;  (6) Conduct all public auctions and sales pertaining to the disposition of public lands and other property authorized by the board;  (7) Recover money due the State for damage done to any public lands by wrongful entry and occupation or by wrongful removal therefrom or destruction of any property;  (8) Bring such actions and proceedings as may be necessary to carry out the powers and duties of the board in the name of the State and to defend such actions brought against the State as may be authorized;  (9) Keep a record of all official transactions, relating to public lands within the chairperson's jurisdiction and such record shall be a public record;  (10) Administer oaths in all matters pertaining to the administration of the public lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §3; Supp, §103A-7; HRS §171-7; am L 1984, c 154, §1; gen ch 1985, 1993] Cross References  Conservation and resources enforcement program, see chapter 199.
HI Rev Stat § 171-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-8 Land agents and other employees.

  §171-8 Land agents and other employees. The board shall be represented in each land district by a district land agent. The board may employ other necessary employees.  The district land agent shall exercise the powers and duties delegated by the board and shall report to the designated representative of the board.  The appointment, removal, and compensation of district land agents and other employees shall be determined in accordance with chapter 76. [L 1962, c 32, pt of §2; am L 1965, c 202, §1; Supp, §103A-8; HRS §171-8; am L 1971, c 154, §1; am L 1981, c 116, §3; am L 2000, c 253, §150]
HI Rev Stat § 171-8.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-8.5 REPEALED.

  §171-8.5 REPEALED. L 2021, c 143, §2.
HI Rev Stat § 171-8.6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-8.6 Risk assessment working group.

  §171-8.6 Risk assessment working group. (a) There is established a risk assessment working group that shall be administratively attached to the department. The risk assessment working group shall provide consultation to the board regarding the design and placement of warning signs, devices, or systems on improved public lands as defined in section 663-51, including any comprehensive plan submitted by the State, a county, or managing entity, to the board for approval. The risk assessment working group shall consist of the following members, who shall serve without compensation:  (1) The chairperson of the board, or designee;  (2) The mayor of each county, or designee;  (3) The administrators of the department's division of forestry and wildlife and the division of state parks, or their designees;  (4) The attorney general, or designee; and  (5) A person appointed by the chairperson of the board knowledgeable in warning sign design.  [(b)] The risk assessment working group shall submit a report of its recommendations and of the consultation provided to the board of land and natural resources under [Act 82, Session Laws of Hawaii 2003], including a listing of warning signs, devices, and systems on improved and unimproved public lands subsequently approved or disapproved by the board, to the legislature no later than twenty days prior to the convening of each regular session. [L 2003, c 82, § §3, 4, 8; am L 2007, c 152, §5; am L 2009, c 81, §3; am L 2014, c 86, §2] Revision Note  L 2003, c 82, §4 is codified to this section as subsection (b) pursuant to §23G-15. Cross References  Limitations on public entity liability in actions based upon duty to warn of natural conditions, see chapter 663, pt VI.
HI Rev Stat § 171-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-9 Land districts.

  §171-9 Land districts. For the purposes of this chapter the State is divided into the following land districts:  First land district: The island of Hawaii and the reefs and reef lands off the shores of the island of Hawaii.  Second land district: The islands of Maui, Molokai, Lanai, Kahoolawe, and Molokini and the reefs and reef lands off the shores of these islands.  Third land district: The island of Oahu and all other islands and reefs in the State of Hawaii not included in the other districts.  Fourth land district: The islands of Kauai, Niihau, Lehua, and Kaula, and the reefs and reef lands off the shores of these islands. [L 1962, c 32, pt of §2; Supp, §103A-9; HRS §171-9] Cross References  Districts, generally, see §4-1.
HI Rev Stat § 171-12 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-12 Permanent register of applicants for public lands.

  §171-12 Permanent register of applicants for public lands. The board of land and natural resources shall establish and maintain in each land district a register in which all persons desiring to acquire public lands in the district may register. The board may require the persons to submit information in writing and under oath to determine the eligibility of any registrant to acquire such lands. [L 1962, c 32, pt of §2; Supp, §103A-12; HRS §171-12]
HI Rev Stat § 171-13 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-13 Disposition of public lands.

  §171-13 Disposition of public lands. Except as otherwise provided by law and subject to other provisions of this chapter, the board may:  (1) Dispose of public land in fee simple, by lease, lease with option to purchase, license, or permit; and  (2) Grant easement by direct negotiation or otherwise for particular purposes in perpetuity on such terms as may be set by the board, subject to reverter to the State upon termination or abandonment of the specific purpose for which it was granted, provided the sale price of such easement shall be determined pursuant to section 171-17(b). No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has had during the five years preceding the date of disposition a previous sale, lease, license, permit, or easement covering public lands canceled for failure to satisfy the terms and conditions thereof. [L 1962, c 32, pt of §2; Supp, §103A-13; HRS §171-13; am L 1973, c 205, §1; am L 1976, c 193, §1; am L 1980, c 4, §1; am L 1983, c 25, §1; am L Sp 2001 3d, c 15, § §12, 13; am L 2002, c 69, §1] Note  Relief for airport concessionaires (repealed July 1, 2013). L Sp 2009, c 33; L 2011, c 104, §2. Attorney General Opinions  Where land passes to the State by erosion or sea level rise, the board of land and natural resources must require the former landowner to pay fair market value in order to obtain an easement or other interest in the land. Att. Gen. Op. 17-1.
HI Rev Stat § 171-14 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-14 Auction.

  §171-14 Auction. Except as otherwise specifically provided, all disposition of public lands shall be made at public auction after public notice as provided in section 171-16. All such auctions shall be held at the door of the office of the land agent or at such other place as is convenient in the district in which the land is located, and shall be conducted by the chairperson or the land agent or by any other authorized employee of the department of land and natural resources under the direction of the board of land and natural resources, all of whom shall perform this service without extra compensation. [L 1962, c 32, pt of §2; am L 1963, c 28, §1; am L 1965, c 239, §3; Supp, §103A-14; HRS §171-14; gen ch 1993]
HI Rev Stat § 171-14.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-14.5 Auction pre-qualification; agricultural and pasture leases.

  §171-14.5 Auction pre-qualification; agricultural and pasture leases. (a) Whenever used in this section, unless otherwise apparent from the context:  "Farm" also means "ranch" and "farmer" also means "rancher".  "Individual" means a natural person who is not a part of a partnership, corporation, or joint venture which is a potential bidder under this section.  "Nonindividual concern" means a partnership, corporation, or joint venture properly formed under law and which is a potential bidder under this section.  (b) Any other law to the contrary notwithstanding, to be eligible to bid in an auction for agricultural or pasture leases, a potential bidder shall be a bona fide individual farmer or a nonindividual farm concern:  (1) Who has spent not less than two years, full-time, in farming operations;  (2) Who is an owner-operator of an established farm conducting a substantial farming operation;  (3) Who for a substantial period of the individual's adult life resided on a farm and depended on farm income for a livelihood;  (4) Who is an individual who has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the auction obtained the major portion of their income from farming operations;  (5) Is an individual with a college degree in agriculture;  (6) Is an individual who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm;  (7) Who has qualified for and received a commitment for a loan under the Bankhead-Jones Farm Tenant Act as amended, or as may hereafter be amended, for the acquisition of a farm;  (8) Who is an individual who is displaced from employment in an agricultural production enterprise;  (9) Who is a member of the Hawaii Young Farmer Association or a Future Farmer of America graduate with two years of training with farming projects;  (10) Who possesses the qualifications under the new farmer program pursuant to section 155-1; or  (11) Who possesses other qualifications as the board of land and natural resources may prescribe pursuant to section 171-6 and this section. [L 1982, c 131, §1; am L 2000, c 51, §14]
HI Rev Stat § 171-15 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-15 Drawing.

  §171-15 Drawing. Whenever public lands are to be sold or leased by drawing, the board of land and natural resources shall notify by publication of applications for the drawing as provided in section 171-16 with such details concerning the drawing as it shall deem necessary and desirable. Applications to participate in the drawing must be filed with the board within two weeks after the last publication date. Within forty-five days after the closing date for applications, the board shall screen the qualifications of the applicants, select those qualified to participate, notify all applicants of the selection and conduct a drawing. The date of the drawing shall be published as set forth in section 171-16. The award shall be made within one week and all applicants shall be notified of the result of the drawing. The lease or patent shall be issued within ninety days after the drawing or when conditions of sale are fulfilled. [L 1962, c 32, pt of §2; Supp, §103A-15; HRS §171-15]
HI Rev Stat § 171-18 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-18 Public land trust.

  §171-18 Public land trust. All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided that all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 6), and all proceeds and income from the sale, lease or other disposition of lands retained by the United States under sections 5(c) and 5(d) of the Act and later conveyed to the State under section 5(e) shall be held as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible, for the making of public improvements, and for the provision of lands for public use. [L 1962, c 32, pt of §2; Supp, §103A-18; HRS §171-18] Cross References  Act of March 18, 1959 is the Hawaii Admission Act, see volume 1. Attorney General Opinions  Provides that ceded or public trust land may be alienated. Att. Gen. Op. 95-3. Law Journals and Reviews  Hawaii's Ceded Lands, Comment, 3 UH L. Rev. 101.
HI Rev Stat § 171-19.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-19.5 REPEALED.

 §171-19.5 REPEALED. L 2014, c 132, §3.
HI Rev Stat § 171-20 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-20 Notice of breach or default.

  §171-20 Notice of breach or default. Except as otherwise specifically provided in this chapter, in the event of a breach or default of any term, covenant, restriction, or condition of any lease or patent heretofore or hereafter issued under this chapter, the board of land and natural resources shall deliver a written notice of the breach or default by personal service or by registered or certified mail to the party in default and to each holder of record having any security interest in the land covered by or subject to the lease or patent making demand upon the party to cure or remedy the breach or default within sixty days from the date of receipt of the notice; provided that where the breach involves a failure to make timely rental payments pursuant to the lease or patent heretofore or hereafter issued under this chapter, the written notice shall include a demand upon the party to cure the breach within less than sixty days, but not less than five business days, after receipt of the notice. Upon failure of the party to cure or remedy the breach or default within the time period provided herein or within such additional period as the board may allow for good cause, the board may, subject to section 171-21 exercise such rights as it may have at law or as set forth in the lease or patent. [L 1962, c 32, pt of §2; am L 1965, c 239, §11; Supp, §103A-20; HRS §171-20; am L 1981, c 160, §1; am L 1991, c 185, §1] Case Notes  Sufficiency of notice. 2 H. App. 118, 627 P.2d 284.
HI Rev Stat § 171-22 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-22 Consent to mortgage.

  §171-22 Consent to mortgage. Whenever under this chapter or under any lease, license, permit, or other instrument issued by the board of land and natural resources, consent of the State is required as a condition precedent to the mortgage of, or the creation of a security interest in public land, the chairperson of the board may, upon due application, grant the consent, and if the mortgage or security interest is to a recognized lending institution authorized to do business as a lending institution in either the State or elsewhere in the United States, the consent may extend to foreclosure and sale at the foreclosure to any purchaser, including the mortgagee, without regard to whether or not the purchaser is qualified under this chapter to lease, own, or otherwise acquire and hold the land or any interest therein. The interest of the mortgagee or holder shall be freely assignable. The term "holder" includes an insurer or guarantor of the obligation or condition of the mortgage, including the Federal Housing Administration, the Federal National Mortgage Association, the Department of Veterans Affairs, the Small Business Administration, the United States Department of Agriculture, or any other federal agency and their respective successors and assigns, or any lending institution authorized to do business in the State or elsewhere in the United States; provided that the consent to mortgage to a nongovernmental holder shall not confer any greater rights or powers in the holder than those which would be required by any of the aforementioned federal agencies.  Notwithstanding any provision in this chapter to the contrary, in leases or sales for residential purposes, the board may waive or modify any restrictions of the lease or sale or any restrictions contained in any such lease or sale if the waiver or modification is necessary to enable any of the aforementioned federal agencies or any lending institution authorized to do business in the State or elsewhere in the United States to participate in any loan secured by a mortgage on the land or the leasehold interest; provided any such waiver or modification shall not confer any greater rights or powers in the holder than those which would be required by the Federal Housing Administration or the United States Department of Agriculture. [L 1962, c 32, pt of §2; am L 1963, c 189, §1; am L 1965, c 239, §13; Supp, §103A-22; HRS §171-22; am L 1985, c 50, §1; ree L 1986, c 252, §1; am L 1997, c 258, §5; am L 2017, c 12, §1]
HI Rev Stat § 171-23 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-23 Land patents and deeds, issued when.

  §171-23 Land patents and deeds, issued when. Except as otherwise provided, a land patent or a deed shall issue under the seal of the department of land and natural resources to the purchaser in fee simple of any public land or other land disposable by the board of land and natural resources or to any holder of an award from the board [of] commissioners to quiet titles upon payment of the commutation, if any, required under sections 172-1 to 172-6 and upon presentation of satisfactory proof by the claimant to the lands covered by the award of sufficient right, title, and interest to the awarded land. [L 1962, c 32, pt of §2; Supp, §103A-23; HRS §171-23]
HI Rev Stat § 171-24 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-24 Land conveyances, preparation, signing, record, copies.

  §171-24 Land conveyances, preparation, signing, record, copies. Except for the preparation and execution of leases and licenses and the issuance of revocable permits and rights of entry by the department of transportation, in its harbor and airport functions, all land patents, deeds, leases, grants, or other conveyances of any public land or any interest therein, shall be prepared by the department of land and natural resources. The department of transportation shall, within thirty days after the execution or issuance of such documents, file or record as directed by the board of land and natural resources the original of the same with the board.  Documents setting aside lands for public purposes or withdrawing the same shall be signed by the governor. All other documents prepared by the department of land and natural resources shall be signed by its chairperson or any authorized employee.  The board shall keep a complete record of all such documents. The record shall be open to public inspection and the board shall furnish a certified copy, under its official seal, of any document to any person applying therefor, upon payment of reasonable charges set by the board for certified copies. [L 1962, c 32, pt of §2; am L 1965, c 239, §3; Supp, §103A-24; HRS §171-24; am L 1989, c 145, §1] Cross References  Reservation of mineral rights, see chapter 182. Case Notes  Lease let at public auction is not subject to reformation. 47 H. 28, 384 P.2d 581.
HI Rev Stat § 171-25 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-25 Irrigation projects.

  §171-25 Irrigation projects. In any patent, agreement, or lease a condition may be provided requiring the inclusion of the land being disposed in any irrigation project formed or to be formed by the state agency responsible therefor and making the land subject to assessments made or to be made for such project and constituting such assessments a first lien upon the land which if not paid shall result in the forfeiture of the land subject to notice of default as provided in section 171-20. [L 1962, c 32, pt of §2; Supp, §103A-25; HRS §171-25] Cross References  Assessments and liens, see §174-19.
HI Rev Stat § 171-26 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-26 Rights-of-way to the sea, game management areas, and public hunting areas.

  §171-26 Rights-of-way to the sea, game management areas, and public hunting areas. Prior to the disposition of any public lands, the board of land and natural resources shall lay out and establish over and across such lands a reasonable number of rights-of-way from established highways to the public beaches, game management areas, public hunting areas, and public forests and forest reserves in order that the right of the people to utilize the public beaches, game management areas, public hunting areas, and public forests and forest reserves shall be protected.  Prior to the leasing of any lands, the board shall determine the feasibility of hunting on such lands, and if any of them is suitable for hunting or may during the term of the lease become suitable for hunting, the board may reserve such lands as game management areas or public hunting areas. Where the board finds that hunting on such lands would not be consistent with the rights of the lessee or for other good cause, the board need not reserve such lands as game management areas or public hunting areas.  The cost of such rights-of-way and any fencing which may be required shall be borne by the State, lessee or jointly as the board may deem appropriate prior to the leasing of such lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §14; Supp, §103A-26; HRS §171-26; am L 1970, c 83, §2; am L 1981, c 116, §5] Cross References  Fish and game, generally, see chapters 183D and 187A to 190. Law Journals and Reviews  Beach Access: A Public Right? 23 HBJ 65.  Public Beach Access: A Right for All? Opening the Gate to Iroquois Point Beach. 30 UH L. Rev. 495. Case Notes  Claim for relief against state officials based on alleged illegality of exchange of ceded lands was barred by State's sovereign immunity. 73 H. 578, 837 P.2d 1247.