reglab/housing_qa huggingface dataset:
HI Rev Stat § 171-92 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-92 Existing public leases.

  §171-92 Existing public leases. Where a person has an unexpired lease, including a residential lease, of public land damaged by a natural disaster and rebuilding on such land is not prohibited, the board of land and natural resources may negotiate an extension of the lease to make it economically feasible to rebuild, or may, by mutual agreement with the lessee and the holder of record having security interest, cancel the unexpired term of the lease and negotiate a new lease with the person. [L 1962, c 32, pt of §2; Supp, §103A-87; HRS §171-92]
HI Rev Stat § 171-93 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-93 Authorization.

Cross References Infrastructure development fund (Kikala-Keokea), see §171-19.5.  §171-93 Authorization. The board of land and natural resources may dispose of by sale, lease, or lease with option to purchase, public land through drawing by lots and without recourse to public auction to persons dispossessed or displaced as a result of a natural disaster, as determined by proclamation of the governor, under the following terms and conditions:  (1) The department of land and natural resources shall subdivide and improve, including roads, the land to be disposed of;  (2) Such land shall be sold at fair market value or leased at fair market lease rental, as determined by appraisal, based on the land as improved;  (3) The instrument of conveyance or lease shall contain, in addition to the usual terms, the restriction that the land shall be used only for residential purposes for a period of ten years following the date of the conveyance or lease, which restriction shall be a covenant running with the land and enforceable by the board or by any surrounding owner or lessee of public land that is subject to the same restriction;  (4) If the purchaser or lessee decides to sell, lease, or sublease the land within ten years from the date of the conveyance or lease, the board shall have the first option to repurchase the interest of the purchaser or lessee at fair market value. In the event the land is acquired by the Federal Housing Administration, pursuant to a contract of mortgage insurance, or is anywise acquired by the Small Business Administration, Federal National Mortgage Association, Department of Veterans Affairs, or any bank, or savings and loan institution chartered to do business in the State or by the federal government, this restriction shall be null and void during the period of such ownership, and, to this extent, the board may waive any rights accruing to the State contained in any deed, land patent, sales agreement, or lease made pursuant to this part;  (5) The size of any lot sold under this part shall not exceed two acres; and  (6) A person eligible under this part may draw one lot for the person's property destroyed by natural disaster. [L 1962, c 32, pt of §2; Supp, §103A-88; HRS §171-93; gen ch 1985; am L 2017, c 12, §1]
HI Rev Stat § 171-94 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-94 Persons dispossessed or displaced.

  §171-94 Persons dispossessed or displaced. For the purposes of this part, a person dispossessed or displaced by natural disaster means any owner of land in possession or any lessee or tenant of land in possession, who has used the property for residential purposes immediately prior to the date the property was substantially destroyed by or as a result of a natural disaster or was made unfit for such purposes by or as a result of any urban redevelopment project which resulted from a natural disaster. Property shall be deemed unfit for residence purposes when so determined by the board of land and natural resources, which determination shall be final, or if any law, ordinance, or regulation of any governmental agency prohibits the construction of improvements on land in a disaster area. [L 1962, c 32, pt of §2; am L 1963, c 177, §1; Supp, §103A-89; HRS §171-94]
HI Rev Stat § 171-95.1 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-95.1 Authority of board to extend leases under certain circumstances.

  §171-95.1 Authority of board to extend leases under certain circumstances. Notwithstanding the lease restrictions established pursuant to section 171-36, the board may, without public auction, extend a public land lease that is issued to a school or government entity pursuant to section 171-95 beyond the sixty-five year maximum lease term. The authority established pursuant to this section to extend a lease shall not apply to any lease to the University of Hawaii of lands within a conservation district of which the University of Hawaii has subleased a portion for the purpose of constructing an astronomical observatory. [L 2017, c 215, pt of §2]
HI Rev Stat § 171-95.3 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-95.3 Renewable energy producers; lease of public lands without public auction.

  §171-95.3 Renewable energy producers; lease of public lands without public auction. (a) The board may lease or renew a lease of public lands to renewable energy producers, as defined in section 171-95, without public auction only pursuant to a public process that includes public notice under section 1-28.5 providing other interested renewable energy producers opportunity to participate in the process; provided that nothing in this section shall be construed to prevent the board from conducting direct negotiations; provided further that the renewable energy producer shall be required to submit as part of the proposal for the board's evaluation, as assisted by the department of business, economic development, and tourism, the following:  (1) A timeline for completion of the project;  (2) A description of a financial plan for project financing;  (3) A description of the conceptual design of the project;  (4) A description of the business concept for the project; and  (5) A description of landscape and acreage requirements including public and private lands.   Upon completion of the board's evaluation and determination to award or not award a lease to a renewable energy producer, the board shall prepare a report outlining the reasons for the decision.  (b) A lease to a renewable energy producer under this section shall not result in the involuntary termination of a lease of public land held by an existing lessee who is currently in compliance with the terms of the lease.  (c) To inform the public prior to the lease of public land or the renewal of a lease of public land for a proposed renewable energy project under this section, the department of land and natural resources shall conduct not less than two public hearings on the island where the public land to be leased for the proposed renewable energy project is located; provided that the notice of the hearing shall be published as provided in section 1-28.5. The board shall prepare and distribute an outline of the proposals for the renewable energy project and receive testimony from interested parties and the general public at each public hearing.  (d) Any action taken by the board upon a proposal subject to this section shall take place on the island where the public land to be leased for the proposed renewable energy project is located.  (e) For any lease issued pursuant to this section, the renewable energy producer shall have the right of first refusal upon renewal of the lease. [L Sp 2009, c 19, §1]
HI Rev Stat § 171-95.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-95.5 Lease to public charter schools.

  §171-95.5 Lease to public charter schools. Notwithstanding any limitations to the contrary, the board may lease to charter schools, at nominal consideration, by direct negotiation and without recourse to public auction, public lands and buildings under the control of the department. Except as provided in this section, the terms and conditions of sections 171-33 and 171-36 shall apply. The lands and buildings leased under this section shall be used by the charter schools for educational purposes only. This section shall not apply to conversion charter schools. [L 2006, c 298, §23]
HI Rev Stat § 171-96 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-96 Lease to foreign governments.

  §171-96 Lease to foreign governments. Notwithstanding any limitations to the contrary, the board of land and natural resources may, with the prior approval of the governor, lease public lands for consulate purposes without recourse to public auction to foreign governments. The manner of disposition and the terms and conditions thereto shall be in accordance with sections 171-33, 171-35 and 171-36. [L 1965, c 239, §31; Supp, §103A-90.1; HRS §171-96]
HI Rev Stat § 171-97 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-97 Definition.

  §171-97 Definition. As used in this part:  "Cash freehold" means a right of possession to land under an agreement called a freehold agreement under section 73 of the Hawaiian Organic Act.  "Certificate of occupation" means an instrument preliminary to a homestead lease, giving the applicant possession of land.  "Freeholder" means a person holding land under a freehold agreement.  "Homestead lease" means a lease of land made for a term of nine hundred and ninety-nine years, under provisions of law which were repealed by section 3 of Joint Resolution 12, Session Laws of 1949, ratified by the Congress of the United States by the Act of September 1, 1950 (64 Stat. 572).  "Occupier" means a person entitled to the possession of land under a certificate of occupation. [L 1962, c 32, pt of §2; Supp, §103A-91; HRS §171-97]
HI Rev Stat § 171-98 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-98 Release of restrictions.

  §171-98 Release of restrictions. It being in the public interest, all public land for which any certificate, lease, agreement, or patent has heretofore been issued imposing restrictions against alienation and forfeiture provisions prescribed by Public Law 192, 61st Congress, 2d Session, 36 Statutes at Large 444 (1910), and Public Law 234, 76th Congress, 1st Session, 53 Statutes at Large 1126 (1939), (section 73(g) and 73(h) of the Hawaiian Organic Act), be and the same is hereby wholly released from such restrictions and provisions; provided nothing herein contained shall be construed to defeat or in any way impair the interest of any mortgagee or holder of record having a security interest or owner of vested rights in and to the public land affected by the release aforesaid. Though no form of documentation shall be required to effect the release provided by this section, the board of land and natural resources is authorized to issue to any owner of the land affected by the release, upon payment of such documentary fees as may be provided by the board, an appropriate certificate of release suitable for recording. [L 1962, c 32, pt of §2; Supp, §103A-92; HRS §171-98]
HI Rev Stat § 171-100 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-100 Successor determination program.

  §171-100 Successor determination program. (a) The office of Hawaiian affairs may establish a successor determination program to assist persons with an interest or presumed interest in a nine hundred ninety-nine-year homestead lease to determine their legal interests under the provisions of section 171-99(e).  (b) The successor determination program may provide:  (1) Genealogy data and information;  (2) Assistance and guidance regarding genealogy research;  (3) Research services;  (4) Mediation services; and  (5) Binding and nonbinding arbitration.  (c) The arbitration program shall:  (1) Establish a panel of persons knowledgeable in matters of genealogy who will be available as arbitrators for the arbitration program;  (2) Within one hundred twenty days of April 24, 1995, adopt written procedures under chapter 91 for the conduct of arbitrations under this section; provided that if no such written procedures are adopted within one hundred twenty days, the commercial arbitration rules of the American Arbitration Association shall apply to the extent not inconsistent with this section until such time as other written procedures are adopted; provided further that any proceedings that are commenced under the commercial arbitration rules of the American Arbitration Association shall be completed under those rules;  (3) Provide for notice of the arbitration proceeding in the same manner as required for a probate court determination of heirs;  (4) Provide an opportunity for all persons claiming an interest in the subject nine hundred ninety-nine-year leasehold to participate;  (5) Provide for binding arbitration if all participants who respond to a notice of arbitration indicate that they desire the arbitration to be binding. If any participant fails to indicate, or indicates that the participant desires nonbinding arbitration, the arbitration shall be nonbinding;  (6) Apply section 171-99(e), to determine the legal interests of the participants in the subject nine hundred ninety-nine-year lease;  (7) Provide a written arbitration award setting forth the legal interests of the participants in the subject nine hundred ninety-nine-year lease; and  (8) Conduct arbitrations under and subject to chapter 658A, and subject to confirmation by the circuit court upon application of any participant in the arbitration pursuant to section 658A-22. [L 1995, c 30, §2; am L 2001, c 265, §2] Note  The amendment made by L 2014, c 218, §8 is not included in this section.
HI Rev Stat § 171-111 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-111 REPEALED.

  §171-111 REPEALED. L 1986, c 222, §4.
HI Rev Stat § 171-112 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-112 Acquisition.

  §171-112 Acquisition. The board of land and natural resources is authorized to acquire by lease, exchange, direct purchase, or eminent domain private property for disposition for agricultural purposes, including but not limited to agricultural parks. After June 30, 1986, any lands acquired for the foregoing purposes may be designated and set aside under section 171-11 to the department of agriculture upon its request for use as an agricultural park. [L 1972, c 110, pt of §2; am L 1974, c 231, pt of §3(2); am L 1986, c 222, §2]
HI Rev Stat § 171-117 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-117 Public lands; agricultural park lands.

  §171-117 Public lands; agricultural park lands. (a) Public lands may be used for agricultural parks under this part.  (b) Public lands designated or in use as agricultural parks on June 30, 1986, may be set aside under section 171-11 to the department of agriculture upon its request for use as agriculture parks. Notwithstanding any lease term to the contrary, after June 30, 1986, revenues from the rent, use, or maintenance of leased lots in agricultural parks set aside under this subsection shall be deposited into the agricultural park special fund established under section 166-10. [L 1974, c 231, pt of §3(2); am L 1986, c 222, §3]
HI Rev Stat § 171-118 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-118 REPEALED.

  §171-118 REPEALED. L 1986, c 222, §6.
HI Rev Stat § 171-121 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-121 Molokai forest lands, management program established.

  §171-121 Molokai forest lands, management program established. (a) There is established in the department of land and natural resources a Molokai forest lands management program to accelerate improved management of Molokai forest lands, including improved management in the following areas:  (1) Internal access;  (2) Scheduling of tree harvesting; and  (3) Scheduling of new plantings and replantings by designated areas with priority to harvesting and replanting for sustained yields of fast growing species suitable for energy production known to thrive in this State. Such new planting and replanting shall not include the use of native forest and watershed land.  (b) The board of land and natural resources shall adopt rules under chapter 91 to implement this section. [L 1983, c 250, §2]
HI Rev Stat § 171-131 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-131 Definitions.

  §171-131 Definitions. For the purposes of this part:  "Eligible lessee" means a person who is:  (1) Engaged or proposing to engage in an industrial use; and  (2) Qualified to lease public lands under this chapter.  "Industrial park" means an area of public lands which is designated an industrial park in accordance with this part.  "Industrial use" means the manufacturing, refining, sorting, processing, storing, maintaining, or repairing of materials, substances, products, or equipment.  "Infrastructure" includes water, drainage, sewer, waste disposal, and waste treatment systems, roads, and street lighting. [L 1988, c 361, pt of §1; am L 1991, c 173, §1]
HI Rev Stat § 171-132 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-132 Designation of industrial park.

  §171-132 Designation of industrial park. A contiguous area of not less than five acres of public lands which is classified or otherwise determined by the board as suitable and economically feasible for industrial use may be designated as an industrial park:  (1) By resolution adopted by the board of land and natural resources, and approved by the legislature by concurrent resolution; or  (2) By law. [L 1988, c 361, pt of §1; am L 2002, c 139, §1]
HI Rev Stat § 171-133 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-133 Authority to plan, improve, develop, operate, and maintain industrial parks.

  §171-133 Authority to plan, improve, develop, operate, and maintain industrial parks. The board shall plan, improve, develop, operate, and maintain each industrial park designated pursuant to section 171-132. The planning, improving, developing, operation, and maintenance of an industrial park shall be in accordance with this chapter. [L 1988, c 361, pt of §1]
HI Rev Stat § 171-135 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-135 Joint venture or development agreement.

  §171-135 Joint venture or development agreement.  (a) An industrial park may be developed under section 171-134 by the department in partnership or under a development agreement with a federal agency, county, or private party subject to a partnership or development agreement executed by the chairperson of the board; provided that if the industrial park is to be developed in partnership or under a development agreement with a private party, the private party shall be selected in accordance with section 103D-302 or 103D-303. At a minimum, the agreement shall provide for:  (1) A determination by the board that the partnership agreement or the development agreement is for a public purpose;  (2) Long-term assurance that the public land within the industrial park will be utilized for industrial uses;  (3) Final approval by the board of the plans and specifications for the industrial park;  (4) Exclusive authority by the board to issue leases or master leases within the industrial park; and  (5) Conditions to ensure a public benefit from any state funds expended for the industrial park.  (b) Notwithstanding any other provision of law to the contrary, a partnership or development agreement entered into pursuant to subsection (a) may provide for:  (1) The board to issue master leases within an industrial park by negotiation, without regard to the limitations provided in sections 171-16(c) and 171-59(a), to the entity that developed the industrial park or the nominee or nominees of the entity that developed the industrial park; and  (2) A master lease with terms and conditions upon which the master lessee may issue tenant subleases within the industrial park without the consent of the board. [L 1988, c 361, pt of §1; am L 1991, c 173, §2; am L 2002, c 139, §2]
HI Rev Stat § 171-136 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-136 Disposition of public lands within industrial park.

  §171-136 Disposition of public lands within industrial park. The board shall dispose of economic units within an industrial park only by lease to eligible lessees or lessees engaged in commercial uses as provided under paragraph (1)(B). The leases shall be issued by the board in accordance with this chapter, subject to the following:  (1) Only industrial uses shall be allowed on the public lands leased; provided that:  (A) The eligible lessee may be allowed to engage in nonindustrial uses and activities ancillary and necessary to the eligible lessee's industrial use; and  (B) The board may lease public lands within the industrial park for commercial uses if the uses are necessary or desirable to serve other lessees in the industrial park or their employees;  (2) Each eligible lessee shall be subject to a development plan formulated pursuant to section 171-41 and make the improvements to the leased public lands required under the development plan; and  (3) Each eligible lessee shall pay all assessments for improvements of infrastructure or other public or common facilities within the industrial park, if the board requires the improvements or assessments as conditions of the lease. [L 1988, c 361, pt of §1; am L 1991, c 173, §3]
HI Rev Stat § 171-137 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-137 Preference.

  §171-137 Preference. Preference for a lease of public lands within an industrial park shall be given to an eligible lessee who is a small business. For the purpose of this section, "small business" means the same as "small business concern" under section 210-1. [L 1988, c 361, pt of §1]
HI Rev Stat § 171-138 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-138 REPEALED.

  §171-138 REPEALED. L 2000, c 122, §2.
HI Rev Stat § 171-139 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-139 Acquisition.

  §171-139 Acquisition. The board may acquire by exchange, direct purchase, or eminent domain, lands to which private persons or other public agencies hold title for designation as or inclusion in an industrial park. The acquisition of lands shall be in accordance with this chapter. [L 1988, c 361, pt of §1]
HI Rev Stat § 171-140 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-140 Rules.

  §171-140 Rules. The board may adopt rules in accordance with chapter 91 in order to effectuate the purposes of this part. [L 1988, c 361, pt of §1]