reglab/housing_qa huggingface dataset:
HI Rev Stat § 163D-10 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-10 Revenue bonds; payment and security.

  §163D-10 Revenue bonds; payment and security. (a) The revenue bonds shall be payable from and secured by the real properties benefited or improved and the assessments thereon, or by the revenues derived from the project facility for which the revenue bonds were issued, including revenue derived from insurance proceeds and reserve accounts, and earnings thereon.  (b) The corporation may pledge revenues derived from the project facility financed from the proceeds of the revenue bonds to the punctual payment of the principal, interest, and redemption premiums, if any, on the revenue bonds.  (c) The revenue bonds may be additionally secured by the pledge or assignment of the loans and other agreements or any note or other undertaking, obligation, or property held by the corporation to secure the loans.  (d) Any pledge made by the corporation shall create a perfected security interest in the revenues, moneys, or property so pledged and thereafter received by the corporation from and after the time that the financing statement with respect to the revenues, moneys, or property so pledged and thereafter received are filed with the bureau of conveyances. Upon this filing, the revenues, moneys, or property so pledged and thereafter received by the corporation shall immediately be subject to a lien of any such pledge without any physical delivery thereof or having claims of any kind in tort, contract, or otherwise against the corporation, irrespective of whether the parties have notice thereof. This section shall apply to any financing statement heretofore or hereafter filed with the bureau of conveyances with respect to any pledge made to secure revenue bonds issued under this chapter. [L 1994, c 264, pt of §1]
HI Rev Stat § 163D-11 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-11 Revenue bonds; interest rate, price, and sale.

  §163D-11 Revenue bonds; interest rate, price, and sale. (a) The revenue bonds issued pursuant to this chapter shall bear interest at such rate or rates and shall be payable on such date or dates, as the corporation shall determine.  (b) The corporation shall include the costs of undertaking the project facility for which the revenue bonds are issued in determining the principal amount of revenue bonds to be issued. In determining the cost of undertaking the project facility, the corporation may include:  (1) The cost of constructing, acquiring, remodeling, furnishing, and equipping the project facility, including the acquisition of the site thereof;  (2) The cost of purchasing or funding loans or other agreements entered into for the project facility;  (3) The costs of studies and surveys;  (4) Insurance premiums;  (5) Underwriting fees;  (6) Financial consultant, legal, accounting, and marketing services incurred;  (7) Reserve account, trustee, custodian, and rating agency fees; and  (8) Any capitalized interest.  (c) The revenue bonds may be sold at public or private sale, and for a price as may be determined by the corporation. [L 1994, c 264, pt of §1]
HI Rev Stat § 163D-12 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-12 Revenue bonds; investment of proceeds, and redemption.

  §163D-12 Revenue bonds; investment of proceeds, and redemption. Subject to any agreement with the holders of its revenue bonds, the corporation may:  (1) Invest its moneys not required for immediate use, including proceeds from the sale of revenue bonds, in any investment in accordance with procedures prescribed in a trust indenture; and  (2) Purchase its revenue bonds out of any fund or money of the corporation available therefor, and hold, cancel, or resell the revenue bonds. [L 1994, c 264, pt of §1]
HI Rev Stat § 163D-13 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-13 Revenue bonds; special funds.

  §163D-13 Revenue bonds; special funds. (a) A separate special fund shall be established for each project facility financed from the proceeds of the revenue bonds secured under the same trust indenture. Each fund shall be designated "project facility revenue bond special fund" and shall bear additional designation as the corporation deems appropriate to properly identify the fund.  (b) Notwithstanding any other law to the contrary, including section [163D-17], all revenues, income, and receipts derived from the project facility for which the revenue bonds are issued shall be paid into the project facility revenue bond fund established for that project facility and applied as provided in the proceedings authorizing the issuance of the revenue bonds. [L 1994, c 264, pt of §1]
HI Rev Stat § 163D-14 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-14 Trustee; designation, duties.

  §163D-14 Trustee; designation, duties. (a) The corporation shall designate a trustee for each issue of revenue bonds secured under the same trust indenture.  (b) The trustee shall be authorized by the corporation to hold and administer the project facility revenue bond special fund established pursuant to section [163D-13], to receive and receipt for, hold, and administer the revenues derived by the corporation from the project facility for which the revenue bonds were issued, and to apply these revenues to the payment of the cost:  (1) Of undertaking the project facility;  (2) Of administering and operating the proceedings providing for the issuance of the revenue bonds;  (3) To pay the principal or interest on these bonds;  (4) To the establishment of reserves; and  (5) To other purposes as may be authorized in the proceedings providing for the issuance of the revenue bonds.  (c) Notwithstanding section 39-68 to the contrary, the director of finance may appoint the trustee to serve as fiscal agent for:  (1) The payment of the principal of and interest on the revenue bonds; and  (2) The purchase, registration, transfer, exchange, and redemption of the bonds.  (d) The trustee shall perform additional functions with respect to the payment, purchase, registration, transfer, exchange, and redemption of the bonds, as the director of finance may deem necessary, advisable, or expeditious, including the holding of the revenue bonds and coupons that have been paid and the supervision of the destruction thereof in accordance with applicable law.  (e) Nothing in this chapter shall limit or be construed to limit the powers granted to the director of finance in sections 36-3, 39-13, and 39-68(a), to appoint the trustee or others as fiscal agents, paying agents, and registrars for the revenue bonds or to authorize and empower those fiscal agents, paying agents, and registrars to perform the functions referred to in those sections. [L 1994, c 264, pt of §1]
HI Rev Stat § 163D-15 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-15 Trust indenture.

  §163D-15 Trust indenture. (a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as may be deemed necessary or convenient by the corporation for the purposes of this chapter.  (b) A trust indenture may allow the corporation to pledge and assign to the trustee loans and other agreements related to the project facility, and the rights of the corporation thereunder, including the right to receive revenues thereunder and to enforce the provision thereof.  (c) A trust indenture shall also contain provisions as to:  (1) The investment of the proceeds of the revenue bonds, the investment of any reserve for the bonds, the investment of the revenues of the project facility, and the use and application of the earnings from investments; and  (2) The terms and conditions upon which the holders of the revenue bonds or any portion of them or any trustee thereof may institute proceedings for the foreclosure of any loan or other agreement or any note or other undertaking, obligation, or property securing the payment of the bonds and the use and application of the moneys derived from the foreclosure.  (d) A trust indenture may also contain provisions deemed necessary or desirable by the corporation to obtain or permit, by grant, interest, subsidy, or otherwise, the participation of the federal government in the financing of the costs of undertaking the project facility. [L 1994, c 264, pt of §1]
HI Rev Stat § 163D-15.5 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-15.5 Waiahole water system revolving fund.

  §163D-15.5 Waiahole water system revolving fund. (a) There is established within the state treasury a revolving fund to be known as the Waiahole water system revolving fund, which shall be administered by the corporation and into which shall be deposited all revenues from assessments, tolls, appropriations made by the legislature to the fund, interest on investments attributable to the Waiahole water system, and other income, receipts, and revenues received by the corporation from the operation of the Waiahole water system. Moneys in the Waiahole water system revolving fund shall be expended by the corporation for the acquisition, planning, design, improvement, construction, equipping, furnishing, administering, operating, and maintaining of the Waiahole water system and any other purpose deemed necessary by the corporation for the purpose of acquiring and operating the Waiahole water system. The corporation may utilize contributions of money, labor, materials, and property that may be otherwise available from any person or instrumentality.  (b) No expenditure, use, or transfer of funds from the Waiahole water system revolving fund by the corporation shall be subject to chapter 42F or 103. [L 1998, c 111, §3; am L 2004, c 216, §19] Note  Acquisition of Waiahole water system shall not affect the powers and authority of the commission on water resource management or its powers to modify water allocations. L 1998, c 111, §15.
HI Rev Stat § 163D-15.6 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-15.6 Commitment and preservation of agricultural leases.

  §163D-15.6 Commitment and preservation of agricultural leases. (a) The agribusiness development corporation shall work toward obtaining commitments from landowners in the leeward and central districts of Oahu that their agricultural leases shall be for a duration of twenty or more years and shall not be amended or revoked to allow for a nonagricultural use of the land; provided that for lands in central Oahu acquired under Act 234, Session Laws of Hawaii 2008, the agricultural leases shall be for no more than fifty-five years.  (b) To further ensure the preservation of agriculture in the leeward and central districts of Oahu, the agribusiness development corporation shall monitor the agricultural leases of lands using the water from the Waiahole water system. In the event of any proposed amendment or revocation of any lease, the corporation shall do all things within its powers under this chapter to protect and defend the interests of the agricultural leaseholders to ensure the continuation of agricultural use for those lands. [L 1998, c 111, §16; am L 2008, c 234, §4]
HI Rev Stat § 163D-16 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-16 Use of public lands; acquisition of state lands.

  §163D-16 Use of public lands; acquisition of state lands. (a) Notwithstanding chapter 171 to the contrary, the governor may transfer lands located within a project area to the corporation for its use.  (b) If state lands under the control and management of other public agencies are required by the corporation for its purposes, the agency having the control and management of those required lands, upon request by the corporation and with the approval of the governor, may lease the lands to the corporation upon such terms and conditions as may be agreed to by the parties.  (c) Notwithstanding subsection (b) to the contrary, no public lands shall be leased to the corporation if the lease would impair any covenant between the State or any county, or any department or board thereof, and the holders of bonds issued by the State or the county, department, or board. [L 1994, c 264, pt of §1]
HI Rev Stat § 163D-18 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-18 Exemption from taxation.

  §163D-18 Exemption from taxation. The corporation shall not be required to pay state taxes of any kind. [L 1994, c 264, pt of §1]
HI Rev Stat § 163D-19 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-19 Annual report.

  §163D-19 Annual report. (a) The corporation shall submit to the governor and the legislature, no later than twenty days prior to the convening of each regular session, a complete and detailed report of its plans and activities.  (b) The following information shall be included in the annual report and shall be posted on the corporation's website:  (1) The number of lots the corporation leased or used, by size and island;  (2) The number of lots the corporation leased or used, by island, that contain protocols and conditions supporting specialty farm products;  (3) The number of vacant parcels and unoccupied parcels in the leasing process, by island, including the parcel size, location, and date the parcel was last occupied by a tenant; and  (4) A description of any lease sales or transfers approved by the corporation, including:  (A) A description of the type of farm products produced by the transferring lessee and the farm products to be produced by the accepting lessee on the leased lands; and  (B) The date and description of the transferring lessee's last lease approved by the corporation. [L 1994, c 264, pt of §1; am L 2019, c 28, §9]
HI Rev Stat § 163D-31 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-31 Acquisitions of important agricultural lands authorized by the legislature.

Note Part designation added by revisor. Cross References Acquisition of resource value lands, see chapter 173A. Legacy land conservation commission, see § §173A-2.4 to 2.6.   §163D-31 Acquisitions of important agricultural lands authorized by the legislature. (a) The legislature may authorize the corporation to acquire agricultural lands for the protection of agricultural lands, public land banking, or the promotion of farm ownership and diversified agriculture.  (b) The acquisition shall be authorized by a bill enacted into law and shall contain:  (1) A statement of the value of the interest in land as a resource to the State;  (2) A description of the specific parcel of land or agricultural easement proposed to be acquired;  (3) The name of the owner of the property; and  (4) The estimated costs of acquiring the interest in the land.  (c) The landowner shall receive payment for the interest in the land in a lump sum, through an installment purchase agreement as determined pursuant to section 163D-32, or from revenues derived from the issuance of revenue bonds pursuant to section 163D-9. [L 2008, c 234, pt of §6] Note  Acquisition of certain agricultural lands owned by the Galbraith Estate; department of land and natural resources powers, etc. L 2008, c 234, § §8 to 10.
HI Rev Stat § 163D-32 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-32 Acquisitions; payment.

 §163D-32 Acquisitions; payment. (a) If the landowner agrees to the sale of the interest in lands pursuant to section 163D-31, the landowner and the corporation shall agree on whether the landowner shall receive payment for the interest in a lump sum or through an installment purchase agreement pursuant to section 163D-33.  (b) The corporation may make payments from moneys appropriated by the legislature. [L 2008, c 234, pt of §6]
HI Rev Stat § 163D-33 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|163D. Agribusiness Development Corporation|163D-33 Installment purchase agreements; interest payment.

 §163D-33 Installment purchase agreements; interest payment. (a) The legislature may authorize the corporation to negotiate installment purchase agreements for the acquisition of specific parcels of land for the protection of agricultural lands, public land banking, or the promotion of farm ownership and diversified agriculture. The installment purchase agreements shall be structured pursuant to the requirements of the Internal Revenue Code of 1986, as amended, to defer recognition of capital gain until all of the purchase price is paid. The agreement shall include provisions for the periodic payment of a portion of the purchase price with the remainder of the purchase price paid at the end of the term of the agreement. The legislature shall authorize the purchase of United States Treasury zero coupon bonds for the installment purchase agreement with a maturity date equal to the term of the agreement.  (b) The interest rate paid on the installment purchase agreement shall be not less than the interest rate on the zero coupon bonds at the closing of the agreement or eight per cent, whichever is higher.  (c) The corporation shall make semi-annual interest payments on the outstanding balance of the installment purchase agreement purchase price. [L 2008, c 234, pt of §6]
HI Rev Stat § 165-1 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|165. Hawaii Right to Farm Act|165-1 Findings and purpose.

  §165-1 Findings and purpose. The legislature finds that when nonagricultural land uses extend into agricultural areas, farming operations often become the subject of nuisance lawsuits that may result in the premature removal of lands from agricultural use and may discourage future investments in agriculture. The legislature also finds that under the Hawaii State Planning Act, it is a declared policy of this State to "foster attitudes and activities conducive to maintaining agriculture as a major sector of Hawaii's economy." Accordingly, it is the purpose of this chapter to reduce the loss to the State of its agricultural resources by limiting the circumstances under which farming operations may be deemed to be a nuisance. [L 1982, c 256, pt of §1; am L 1986, c 242, §1]
HI Rev Stat § 165-2 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|165. Hawaii Right to Farm Act|165-2 Definitions.

  §165-2 Definitions. As used in this chapter, unless the context otherwise requires:  "Farming operation" means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock products, poultry and poultry products, apiary products, and plant and animal production for nonfood uses; the planting, cultivating, harvesting, and processing of crops; and the farming or ranching of any plant or animal species in a controlled salt, brackish, or freshwater environment. "Farming operation" includes but shall not be limited to:  (1) Agricultural-based commercial operations as described in section [205-2(d)(15)];  (2) Noises, odors, dust, and fumes emanating from a commercial agricultural or an aquacultural facility or pursuit;  (3) Operation of machinery and irrigation pumps;  (4) Ground and aerial seeding and spraying;  (5) The application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; and  (6) The employment and use of labor. A farming operation that conducts processing operations or salt, brackish, or freshwater aquaculture operations on land that is zoned for industrial, commercial, or other nonagricultural use shall not, by reason of that zoning, fall beyond the scope of this definition; provided that those processing operations form an integral part of operations that otherwise meet the requirements of this definition.  "Nuisance" means any interference with reasonable use and enjoyment of land, including but not limited to smoke, odors, dust, noise, or vibration; provided that nothing in this chapter shall in any way restrict or impede the authority of the State to protect the public health, safety, and welfare. "Nuisance" as used in this chapter, includes all claims that meet the requirements of this definition regardless of whether a complainant designates such claims as brought in nuisance, negligence, trespass, or any other area of law or equity; provided that nuisance as used in this chapter does not include an alleged nuisance that involves water pollution or flooding. [L 1982, c 256, pt of §1; am L 1986, c 242, §2; am L 1993, c 162, §2; am L 2001, c 26, §1; am L 2012, c 113, §1] Law Journals and Reviews  Up In The Air: The Status & Future of Drone Regulation in Hawai`i. 40 UH L. Rev. 307 (2017).
HI Rev Stat § 165-3 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|165. Hawaii Right to Farm Act|165-3 Declaration of public purpose.

  §165-3 Declaration of public purpose. The preservation and promotion of farming is declared to be in the public purpose and deserving of public support. [L 1982, c 256, pt of §1]
HI Rev Stat § 165-4 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|165. Hawaii Right to Farm Act|165-4 Right to farm.

  §165-4 Right to farm. No court, official, public servant, or public employee shall declare any farming operation a nuisance for any reason if the farming operation has been conducted in a manner consistent with generally accepted agricultural and management practices. There shall be a rebuttable presumption that a farming operation does not constitute a nuisance. [L 1982, c 256, pt of §1; am L 1986, c 242, §3; am L 2001, c 26, §2] Revision Note  Subsection designation deleted pursuant to §23G-15.
HI Rev Stat § 165-5 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|165. Hawaii Right to Farm Act|165-5 Frivolous lawsuits.

  §165-5 Frivolous lawsuits. Any nuisance action, found to be frivolous by the court, in which a farming operation is alleged to be a nuisance as defined in section 165-2, shall be governed by section 607-14.5. [L 1993, c 162, pt of §1] Cross References  Vexatious litigants, see chapter 634J.
HI Rev Stat § 165-6 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|165. Hawaii Right to Farm Act|165-6 Liberal construction.

  §165-6 Liberal construction. This chapter is remedial in nature and shall be liberally construed to effectuate its purposes. [L 1993, c 162, pt of §1]
HI Rev Stat § 166-1 (2021)
2021 Hawaii Revised Statutes|Title 11. Agriculture and Animals|166. Agricultural Parks|166-1 Legislative findings.

  §166-1 Legislative findings. The legislature finds that important agricultural lands should be preserved for productive purposes; the contribution of diversified agriculture and aquaculture to export and local markets should be expanded, thereby increasing its importance in the State's economy; and continued use of the State's agricultural land resources should be ensured by providing lands to new farmers, displaced farmers, and other qualified farmers. In order to meet these goals, the objectives of the State shall include the provision of: lands of appropriate size and productive potential, with an adequate supply of water, to ensure economically viable farm operations; lands at reasonable cost with long term tenure and security from urbanization pressure; and lands with common facilities and activities to encourage farm production and distribution economies. [L 1986, c 222, pt of §1]