reglab/housing_qa huggingface dataset:
HI Rev Stat § 172-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|172. Land Commission Awards; Surveys|172-7 Unsurveyed lands; listing by comptroller.

  §172-7 Unsurveyed lands; listing by comptroller. The comptroller shall prepare a list of all ahupuaas, iliainas, and leles within the State (including those owned by the government), on which there has been no legal description of survey determined by metes and bounds, either by incorporation of same in land commission award, or patent in confirmation of award, or patent grant, or government deed, or deed of the commissioners of crown lands, or land court survey, or certificate of boundaries, or by decree of a court of competent jurisdiction of the State. [L 1919, c 208, §1; am L 1923, c 155, §1; RL 1925, §564; RL 1935, §1690; RL 1945, §4637; RL 1955, §100-7; am L Sp 1959 2d, c 1, §12; HRS §172-7] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 172-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|172. Land Commission Awards; Surveys|172-8 Notice to owners to have boundaries determined.

  §172-8 Notice to owners to have boundaries determined. Upon the completion of a list, the comptroller shall give public notice thereof throughout the State at least once each week for four successive weeks, together with name or names of the last known owner or owners, and with a notice that unless the unsurveyed lands have had their boundaries properly and legally determined prior to July 1, 1925, the State shall proceed in the manner hereinafter provided for. [L 1919, c 208, §2; am L 1923, c 155, §2; RL 1925, §565; RL 1935, §1691; RL 1945, §4638; RL 1955, §100-8; am L Sp 1959 2d, c 1, §12; HRS §172-8; am L 1998, c 2, §40]
HI Rev Stat § 172-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|172. Land Commission Awards; Surveys|172-9 Upon failure of owners, comptroller to have boundaries determined at owner's expense.

  §172-9 Upon failure of owners, comptroller to have boundaries determined at owner's expense. The comptroller shall list all lands which have not had their boundaries determined in compliance with the requirements of section 172-8, and shall proceed to make the necessary surveys and shall thereupon have the boundaries of the lands adjudicated as provided by law, and the expense of the surveys and of the adjudication shall be determined and is hereby made a lien upon the lands superior to all other incumbrances. [L 1919, c 208, §3; am L 1923, c 155, §2; RL 1925, §566; RL 1935, §1692; RL 1945, §4639; RL 1955, §100-9; am L Sp 1959 2d, c 1, §12; HRS §172-9]
HI Rev Stat § 172-10 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|172. Land Commission Awards; Surveys|172-10 Enforcement of payment of expenses by owners.

  §172-10 Enforcement of payment of expenses by owners. The attorney general shall proceed, at any time after the determination of the sum due as hereinbefore provided, to enforce payment of the same by any proper proceedings brought in the name of the State in such manner as provided for in sections 172-1 to 172-6, in the foreclosure of lien for commutation. [L 1919, c 208, §4; am L 1923, c 155, §2; RL 1925, §567; RL 1935, §1693; RL 1945, §4640; RL 1955, §100-10; HRS §172-10]
HI Rev Stat § 172-11 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|172. Land Commission Awards; Surveys|172-11 Land patents on land commission awards; to whom, for whose benefit.

  §172-11 Land patents on land commission awards; to whom, for whose benefit. Every land patent issued upon an award of the board of commissioners to quiet land titles, shall be in the name of the person to whom the original award was made, even though the person is deceased, or the title to the real estate thereby granted has been alienated; and all land patents so issued shall inure to the benefit of the heirs and assigns of the holder of the original award. [L 1872, c 21, §1; RL 1925, §568; RL 1935, §1587; RL 1945, §4641; RL 1955, §100-11; HRS §172-11] Case Notes  Land commission award held good against later royal patent. 1 H. 69; 1 H. 90. Award cannot be collaterally attacked. 1 H. 90.  Certificate of award of land commission, with its accompanying survey, are admissible in evidence. 2 H. 202.  Patents based as awards do not confer or confirm title of later holders. It is merely a quitclaim interest of the government in lands. 3 H. 783; 11 H. 587, 589.  Court is inclined not to disturb award of land commission long adjudicated. 5 H. 354.  Mahele of 1848 considered and defined. 6 H. 195.  Award may be to deceased person; heirs must determine their own respective rights. 15 H. 648.  Section does not authorize the issuance of grant to deceased person. 26 H. 382, 397.  Review of case law and effect of patent. 49 H. 429, 421 P.2d 570.  Cited: 35 H. 608, 630, 658.
HI Rev Stat § 172-12 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|172. Land Commission Awards; Surveys|172-12 Land patents issued after boundary and commutation settled.

  §172-12 Land patents issued after boundary and commutation settled. Upon presentation to the department of land and natural resources of a certificate of a commissioner of boundaries defining the boundaries of a portion of an ahupuaa, ili, or other denomination of land, the department shall cause an appraisement to be made of the unimproved value of that portion of land; and upon payment to the department of the government commutation in that portion of land, upon the appraisement as above provided, the department shall cause to be issued a land patent for that portion of land, which land patent shall define the boundaries of that portion of land. [L 1872, c 21, §3; RL 1925, §569; RL 1935, §1588; RL 1945, §4642; RL 1955, §100-12; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §172-12] Case Notes  Patent is merely quitclaim interest of government in lands. 3 H. 783; 11 H. 587, 589.  Patent is evidence that government right to commutation therein is extinguished. 6 H. 315.  Value of land at time of award is the basis of its appraisement for commutation of government interest. 8 H. 125.  Patent, valid on its face, may be attacked and declared void in action at law provided evidence shows it to be void for want of authority for its issue. 25 H. 651.  Royal patent issued on land commission award, validity of reservation of mineral rights. 49 H. 429, 421 P.2d 570. Royal patent on land commission award, significance if award defective. 49 H. 456, 479, 421 P.2d 550. Royal patent issued on land commission award, whether schoolhouse site included or excluded. 49 H. 537, 425 P.2d 83.  Cited: 35 H. 608, 658.
HI Rev Stat § 172-13 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|172. Land Commission Awards; Surveys|172-13 Destruction, defacing or removal of survey monuments; penalty.

  §172-13 Destruction, defacing or removal of survey monuments; penalty. It shall be unlawful, without the written consent of the state comptroller, for any person to destroy, deface, change, or remove to another place, any trigonometrical survey station, boundary line mark or monument, corner post, or any other government line of survey, or to cut down any witness tree or any tree blazed to mark the line of a government survey, or any bench mark in any government survey. Any person who violates this chapter, shall be fined not more than $500, or imprisoned not more than four months, or both. [L 1911, c 106, §1; RL 1925, §4304; RL 1935, §5780; RL 1945, §11170; RL 1955, §274-1; am L Sp 1959 2d, c 1, §12; HRS §732-1; ren L 1972, c 9, pt of §1] Cross References  Classification of offense and authorized punishment, see § §701-107, 706-640, 663.
HI Rev Stat § 173-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173. Reclamation of Lands|173-1 Issuance of revenue bonds.

  §173-1 Issuance of revenue bonds. Revenue bonds, as provided for by part III of chapter 39, may be issued to finance in whole or in part the cost of construction of such new land areas and means of access thereto, the acquisition, by condemnation, purchase, or otherwise, of littoral or other private rights, if any, which may be affected by such construction, and of rights-of-way to the shore and such shore lands as may be necessary to enable such construction, and the costs of maintenance, betterment, and extension of such new land areas and means of access thereto. The revenues derived from the lease of the new land areas shall be pledged for the punctual payment of the bonds, and interest thereon, and the revenues are hereby charged with the payment of the principal and interest. Each reclamation project, including a specific new land area or areas and all of the matters relating thereto enumerated in the first sentence of this section, is designated as an "undertaking" within the meaning of part III of chapter 39. The department of land and natural resources is charged with the administration of such undertakings. [L 1957, JR 45, §4; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §99D-4; HRS §173-1] Cross References  Reclamation of submerged lands, see §171-53.
HI Rev Stat § 173-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173. Reclamation of Lands|173-2 Advances and transfers.

  §173-2 Advances and transfers. For the purpose of paying the cost of the issuance of bonds authorized by this [chapter] and other preliminary expenses, including but not limited to expenses for engineering and surveys, plans and designs, and appraisals and the costs of services of other departments and agencies, the department of land and natural resources may make advances of such sums as may be necessary from, and as are not then otherwise required for use in, the special land and development fund, which fund shall be reimbursed for the advances upon the issuance of the revenue bonds issued to finance the reclamation project in connection with which such costs and expenses are incurred. The state director of finance may also make temporary transfers to the department for such purposes in conformity with the provisions of section 39-72.  The governor may make advances from loan funds, derived from the issuance of general obligation bonds, for public improvements authorized by section 173-1, and the advances shall be repaid from the proceeds of the revenue bonds when issued, before any other advances are reimbursed therefrom. When reimbursed the loan funds shall be available for expenditure for the public improvements the financing of which by the issuance of general obligation bonds theretofore was authorized. [L 1957, JR 45, §5; am L Sp 1959 2d, c 1, § §14, 21; am L 1961, c 132, §2; am L 1962, c 32, §7; am L 1963, c 114, §1; Supp, §99D-5; HRS §173-2] Revision Note  Section "39-72" substituted for "39-67".
HI Rev Stat § 173-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173. Reclamation of Lands|173-3 Authorization of revenue bonds.

  §173-3 Authorization of revenue bonds. The department of land and natural resources may issue, as provided by part III of chapter 39, revenue bonds in a total amount not exceeding $25,000,000 to finance in whole or in part the costs of construction of new land areas under this [chapter], and other costs as provided in section 173-1. [L 1957, JR 45, §6; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; Supp, §99D-6; HRS §173-3]
HI Rev Stat § 173A-1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-1 Purpose.

  §173A-1 Purpose. The State has provided for the regulation of land use and development throughout the State under the provisions of the land use law, and has provided through that law for the controlled regulation of land use and development of lands which have natural, environmental, recreational, scenic or historic value. However, these lands, though protected by the land use law, may in many instances require placement under public ownership and management in order that they can be made accessible to all of the people of the State. The purpose of this chapter is to provide for the acquisition and management of such lands in those instances in which such acquisition and management are considered necessary by the State. [L 1973, c 77, §1]
HI Rev Stat § 173A-2 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-2 Definitions.

  §173A-2 Definitions. As used in this chapter:  "Board" means the board of land and natural resources.  "Commission" means the legacy land conservation commission. "Department" means the department of land and natural resources.  "Land" means the earth, water, and air, above, below, or on the surface, and includes easements and rights in land, and any improvement on land.  "Land having value as a resource to the State" includes land having natural, environmental, recreational, scenic, cultural, agricultural production, or historic value, and may also include park and trail systems that provide access to any such land. [L 1973, c 77, §2; am L 2005, c 156, §3; am L 2012, c 82, §1]
HI Rev Stat § 173A-2.4 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-2.4 Legacy land conservation commission.

  §173A-2.4 Legacy land conservation commission.  (a) There is established within the department of land and natural resources a legacy land conservation commission. The commission shall consist of nine members, with at least one member from each of the counties, who shall be appointed in the manner and serve for the term set forth in section 26-34 as follows:  (1) Four of the members of the commission shall be persons possessing scientific qualifications as evidenced by an academic degree in wildlife or marine biology, botany, forestry, ecology, resource management, biogeography, zoology, or geology;  (2) One member shall be a person possessing membership in an environmental organization organized in the State;  (3) One member shall be a person possessing membership in a land conservation organization organized in the State;  (4) One member shall be a person possessing membership in a statewide agricultural association; and  (5) One member shall be a person knowledgeable about native Hawaiian culture. The chairperson of the natural area reserves system commission, or the chairperson's designated representative from the natural area reserves system commission, shall serve as an ex officio, voting member. The members of the commission shall elect the chairperson of the commission. The members of the commission shall receive no compensation for their services on the commission but shall be entitled to reimbursement for necessary expenses, including travel expenses, incurred in the discharge of their duties.  (b) Any action taken by the commission shall be by a simple majority of its members. Five members of the commission shall constitute a quorum.  (c) Except as otherwise provided in this chapter, the commission shall be subject to sections 26-34, 26-35, 26-35.5, and 26-36.  (d) The commission may adopt rules pursuant to chapter 91 to carry out its duties. [L 2006, c 254, pt of §1; am L 2012, c 82, §2] Attorney General Opinions  Cited, in determining that in the absence of other statutory wording to the contrary, the holdover provision from §26-34(b) would apply to board and commission statutes that refer to §26-34 and that the provision is constitutional. Att. Gen. Op. 16-3.
HI Rev Stat § 173A-2.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-2.5 Responsibilities of the legacy land conservation commission.

  §173A-2.5 Responsibilities of the legacy land conservation commission. The responsibilities of the commission shall include, but not be limited to:  (1) Advising the department and the board on any proposal, public or private, for the acquisition of any interest or rights in land having value as a resource to the State;  (2) Advising the department and the board on any requests for grants from the fund to a qualifying state or county agency or nonprofit land conservation organization for the preservation of lands having value as a resource to the State;  (3) Recommending to the board the acquisition of interests or rights in certain lands having value as a resource to the State; and  (4) Reviewing and adopting rules relating to the criteria it applies in advising the department and the board and making recommendations to the board regarding land acquisitions and grants made pursuant to this chapter. [L 2006, c 254, pt of §1]
HI Rev Stat § 173A-2.6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-2.6 Land acquisition priorities.

  §173A-2.6 Land acquisition priorities. In advising the department and the board, the commission shall give the following lands priority in its recommendations for acquisitions:  (1) Lands having exceptional value due to the presence of:  (A) Unique aesthetic resources;  (B) Unique and valuable cultural or archaeological resources; or  (C) Habitats for threatened or endangered species of flora, fauna, or aquatic resources;  (2) Lands that are in imminent danger of development;  (3) Lands that are in imminent danger of being modified, changed, or used in a manner to diminish its value;  (4) Lands providing critical habitats for threatened or endangered species that are in imminent danger of being harmed or negatively impacted;  (5) Lands containing cultural or archaeological sites or resources that are in danger of theft or destruction; and  (6) Lands that are unique and productive agricultural lands. [L 2006, c 254, pt of §1]
HI Rev Stat § 173A-3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-3 Resource land acquisition plan.

  §173A-3 Resource land acquisition plan. In consultation with the senate president and speaker of the house of representatives, the department shall prepare and, from time to time, revise a plan for the acquisition of land having value as a resource to the State. This plan shall guide the board in acquiring such land in the exercise of its powers under this chapter. In preparing this plan, the department may institute studies relating to the need for such land and shall consider any plan relating to the acquisition of such land that has been prepared by any state or county agency. [L 1973, c 77, §3; am L 2006, c 254, §2]
HI Rev Stat § 173A-4.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-4.5 Appraisal of land.

  §173A-4.5 Appraisal of land. (a) Notwithstanding section 171-30, the appraisal of land having value as a resource to the State and acquired by the State under this chapter may be performed as follows:  (1) The board may review, approve, and accept any existing appraisal prepared on behalf of a nonprofit organization if:  (A) The appraisal was completed within one year before the decision by the board to approve the acquisition of land; and  (B) The board finds that the appraisal was performed according to applicable and accepted professional standards for land appraisal; or  (2) The board may contract for an independent appraisal from no more than three disinterested appraisers who shall follow applicable and accepted professional standards for land appraisal. The board shall submit the appraisal to the attorney general for review and approval before it acquires the land having value as a resource to the State.  (b) No land shall be purchased for a sum greater than the highest value fixed by any appraisal accepted or performed under subsection (a); provided that this limitation shall not apply to any acquisition that is made by condemnation.  (c) After the land having value as a resource to the State has been acquired or the State abandons the acquisition, the appraisal reports shall be made available for inspection and copying by the public.  (d) Anything contained in this section notwithstanding, no appraisal shall be required under this section in the event that any interest in land having value as a resource to the State is donated to the State. [L 2007, c 158, §1]
HI Rev Stat § 173A-6 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-6 Acquisition of land.

  §173A-6 Acquisition of land. The board shall prepare an annual program for the purchase or acquisition by eminent domain of land having value as a resource to the State. [L 1973, c 77, §6]
HI Rev Stat § 173A-7 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-7 Administration and management.

  §173A-7 Administration and management. The board shall, subject to chapter 171, administer, maintain, and manage any land acquired under the provisions of this chapter, may charge such fees for the use of any such land as it considers to be reasonable, and may construct on such land any improvement which it deems to be necessary to carry out the purposes of this chapter. The board may adopt and from time to time amend regulations implementing the provisions of this chapter. [L 1973, c 77, §7]
HI Rev Stat § 173A-8 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-8 Development of land acquired by the board.

  §173A-8 Development of land acquired by the board. On the land acquired under this chapter the board may undertake any development which is consistent with the land use law and all other laws applicable to the land and development.  For purposes of this section, "development" includes (1) any building or mining operation; (2) any material change in use, intensity of use, or appearance of any structure or land; or (3) the division of land into two or more parcels. [L 1973, c 77, §8]
HI Rev Stat § 173A-9 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|173A. Acquisition of Resource Value Lands|173A-9 Grants to state agencies, counties, and nonprofit land conservation organizations.

  §173A-9 Grants to state agencies, counties, and nonprofit land conservation organizations. After consultation with the senate president and speaker of the house of representatives, and subject to the approval of the governor, the board may make grants to state agencies, counties, and nonprofit land conservation organizations from available funds for the purchase or acquisition of interests or rights in land having value as a resource to the State, whether in fee title or through the purchase of permanent conservation easements under chapter 198, and approved for purchase or acquisition by the board, or for the operation, maintenance, and management of lands acquired under this chapter that are necessary to protect, maintain, or restore resources at risk on these lands, or that provide for greater public access and enjoyment of these lands. Any land so acquired by any state agency or county may be sold, leased, or otherwise disposed of, subject to chapter 171, with the prior written approval of the board. Any land acquired by any nonprofit land conservation organization under this chapter may be sold, leased, or otherwise disposed of with the prior written approval of the board. Any permanent conservation easement established under this section that includes partnership with a federal land conservation program may be transferred only as provided by rules of the federal program. [L 1973, c 77, §9; am L 2005, c 156, §5; am L 2006, c 254, §5; am L 2008, c 139, §3]