reglab/housing_qa huggingface dataset:
HI Rev Stat § 171-61 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-61 Cancellation, surrender.

  §171-61 Cancellation, surrender. When public land is disposed of with a building requirement and, thereafter, prior to the erection of the building, the land becomes or is discovered to be unfit for the erection of the building, or by change of conditions it becomes impossible or impractical to erect the building, the board of land and natural resources may cancel the disposition, repossess the land, and return to the party from the special land and development fund, notwithstanding the order of priority set forth, the aggregate amount of principal and interest theretofore paid by the party.  Whenever land or a portion thereof under lease can be re-leased or sold for a higher and better use, or for the existing use to a greater economic benefit to the State, the board, subject to the consent of the lessee, the lessee's successors, or assigns, and each holder of record having a security interest, may cancel the lease without compensation to the lessee or withdraw a portion of the land from the lease and re-lease or sell the same; provided that in the event of withdrawal of a portion, the board may in its discretion allow a proportionate reduction in rent; and provided further that in the event buildings and improvements have been erected by the lessee, as permitted under the lease, on the land or portion thereof under lease affected by the cancellation or withdrawal, the board shall pay to the lessee a sum not to exceed the replacement value, less depreciation at the rates used for real property tax purposes. [L 1962, c 32, pt of §2; Supp, §103A-57; am L 1967, c 234, §12; HRS §171-61; am L 1973, c 49, §1; gen ch 1985]
HI Rev Stat § 171-62 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-62 Sales; payment, default.

  §171-62 Sales; payment, default. When the board of land and natural resources is authorized to sell, it may do so upon part credit and part cash, the balance to be paid in stated installments, and deliver possession of the premises under an agreement of sale. The rate of interest on the agreement of sale shall not exceed the current rate of interest. Upon payment of the purchase price, plus interest, and upon due performance of the conditions of the sale, the purchaser shall be entitled to a land patent or a deed to the premises.  If any default is made in payment or in the performance or observance of any condition of sale, the sale or agreement of sale shall be forfeited upon notice of default by the board as provided in section 171-20. [L 1962, c 32, pt of §2; Supp, §103A-58; HRS §171-62]
HI Rev Stat § 171-63 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-63 Waiver of restrictions.

  §171-63 Waiver of restrictions. (a) Use. Upon application by the owner and consent therefor having been given by each holder of record having a security interest, and after a finding that the public interest will be served thereby, the board of land and natural resources may amend or waive the conditions restricting the use of land contained in any agreement of sale, deed, or patent upon the condition that the grantee or patentee pay to the board the difference between the fair market value of the land based upon its restricted use and the fair market value with the restrictive condition amended or waived. The foregoing authority granted to the board shall not be construed to authorize the board to waive the condition contained in any agreement of sale, deed, or patent which provides that upon change in use or breach of a condition, the title automatically reverts back to the State, or the State shall have power of termination.  (b) Residential lots. In case of a residential lot, the board, subject to the consent of each holder of record having a security interest, may waive strict adherence to the use thereof for residential purposes, if the owner or lessee desires to utilize part of the land for agricultural purposes together with the owner's or lessee's residence, provided that the agricultural use is not inconsistent or contrary to local applicable health or zoning ordinances and upon the condition that the grantee or patentee pay to the board the difference between the fair market value of the land based upon its restricted use and the fair market value with the restrictive condition amended or waived. The foregoing authority granted to the board shall not be construed to authorize the board to waive the condition contained in any agreement of sale, deed, or patent which provides that upon change in use or breach of a condition, the title automatically reverts back to the State, or the State shall have power of termination. Anything in this chapter to the contrary notwithstanding, in case of a residential lot sold in fee simple:  (1) All restrictions relating to the use thereof shall expire ten years after the date of the issuance of the patent or deed by the State or fifteen years after the date of the sale by the State, whichever is sooner, provided that any change in use of the lot after the ten or fifteen years, as the case may be, shall be in accordance with applicable state and county zoning requirements; and  (2) Upon an application signed by all land owners in the subdivision, the board may waive any restrictive covenant upon the land, as long as the waiver shall not cause a violation of any state or county zoning requirements. [L 1962, c 32, pt of §2; Supp, §103A-59; am L 1967, c 234, §13; HRS §171-63; gen ch 1985; am L 1992, c 168, §1] Case Notes  Restrictive covenant pertaining to height did not expire; term "use" refers to the use of the property for residential purposes. 70 H. 321, 770 P.2d 414.
HI Rev Stat § 171-64 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-64 Covenants against discrimination.

  §171-64 Covenants against discrimination. The board of land and natural resources shall provide in every patent, deed, lease, agreement, license, or permit that the use and enjoyment of the premises being granted shall not be in support of any policy which discriminates against anyone based upon race, creed, color, national origin, sex or a physical handicap. The board shall not dispose of any public land to any person who practices discrimination based upon race, creed, color, national origin, sex or a physical handicap. As used in this section "physical handicap" means a physical impairment which substantially limits one or more of a person's major life activities. [L 1962, c 32, pt of §2; am L 1965, c 239, §6; Supp, §103A-60; HRS §171-64; am L 1976, c 159, §1; am L 1981, c 116, §7]
HI Rev Stat § 171-64.5 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-64.5 Nonconventional uses; department of health; approval and authorization; Waimano ridge.

  §171-64.5 Nonconventional uses; department of health; approval and authorization; Waimano ridge. The department of health shall provide at least ninety days notification to the affected neighborhood boards and legislators that represent the district where Waimano ridge is located, and obtain the approval of the governor prior to new uses or the expanded use of the land as a sex offender treatment facility, drug treatment facility, state laboratory, or other uses. [L Sp 2005, c 7, §2]
HI Rev Stat § 171-65 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-65 Leases, leases with option to purchase, sales permitted; when.

  §171-65 Leases, leases with option to purchase, sales permitted; when. Land intended for disposition as farm lot for truck crops or for horticultural, pasture, or special livestock use, may be disposed of by lease, lease with option to purchase, or in fee simple. Such disposition may be by drawing of lot, without recourse to public auction, notwithstanding any other provision in this chapter to the contrary; provided that the right to any values in the land not attributable to these agricultural uses shall be reserved to the State.  Dispositions under this section shall be made only to individuals who satisfy the requirements established by the board and then only if the individual, either oneself or whose spouse, or both, does not already own lands of comparable use in the State; provided that the ownership by the individual or the individual's spouse of lands of comparable use shall not be a disqualification in applying for a lease within an agricultural park. [L 1962, c 32, pt of §2; Supp, §103A-61; HRS §171-65; am L 1974, c 231, §3(1); am L 1975, c 121, §2; gen ch 1985]
HI Rev Stat § 171-66 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-66 Planning.

  §171-66 Planning. In addition to the requirements set forth in sections 171-33 and 171-34, prior to making these dispositions, the board of land and natural resources shall:  (1) Determine the economic feasibility and need for proposed disposition;  (2) Determine the minimum economic unit required for the successful undertaking of the specific use intended, taking into consideration soil fertility, soil condition, and availability of water; and  (3) Subdivide the land into economic units and make such improvements as are necessary in conformity with applicable county or city and county zoning and subdivision requirements, including the construction of necessary roads and irrigation facilities. [L 1962, c 32, pt of §2; Supp, §103A-62; HRS §171-66]
HI Rev Stat § 171-67 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-67 Restrictions; conditions.

  §171-67 Restrictions; conditions. In addition to such other restrictions or conditions that may be established by the board of land and natural resources to carry out the purpose of this chapter and of the provisions of the state constitution, all sale, lease, or lease with option to purchase, of a farm lot shall be subject to the following conditions, which shall be covenants running with the land:  (1) The lot shall be used for farm purposes only;  (2) The purchaser or lessee shall reside on the premises granted; provided that with the consent of the board, the purchaser or lessee may live off the premises if the purchaser's or lessee's residence is within a reasonable distance therefrom;  (3) The purchaser or lessee shall derive the major portion of the purchaser's or lessee's total annual income from the production of the crops or products for which production the land is granted to the purchaser or lessee; provided that this restriction shall not apply if the purchaser or lessee becomes enfeebled or is widowed;  (4) In the case of a lease, those provisions set forth in sections 171-35, 171-36 and 171-37, unless otherwise specifically provided in this section;  (5) In the case of a fee simple sale, the improvement required and the specific use or uses intended;  (6) For a period of five years after the issuance of a patent or lease, the purchaser or lessee shall not sell, sublet, assign, transfer, or in other manner dispose or encumber the whole or any part of the farm lot to any person not qualified to take a farm lot except by way of mortgage, testamentary bequest or devise, intestate succession, or except to a purchaser at or after sale upon the foreclosure of a mortgage.  The violation of any of such restrictions or conditions shall be sufficient for the board, upon failure of the purchaser or lessee within a reasonable period of time to remedy the default after notice thereof as provided in section 171-20 to take possession of the premises without demand or previous entry and with or without legal process and thereby determine the estate, subject to the provisions contained in section 171-21. [L 1962, c 32, pt of §2; am L 1965, c 239, §33; Supp, §103A-63; HRS §171-67; gen ch 1985]
HI Rev Stat § 171-68 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-68 Applicants; qualifications of.

  §171-68 Applicants; qualifications of. (a) A person shall be eligible to apply for a farm if the person has the qualifications as follows:  (1) The person has been a resident in the State at any time for at least three years;  (2) The person is a bona fide farmer:  (A) Who has not less than two years' experience as a full-time farmer; or  (B) Who was an owner-operator of an established farm conducting a substantial farming operation and who for a substantial period of the person's life resided on a farm or depended on farm income for the person's livelihood; or  (C) Who has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the person's application obtained the major portion of the person's income from farming operations; or  (D) Who has a college degree in agriculture; or  (E) Who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm; or  (F) 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; or  (G) Who is displaced from employment in an agricultural production enterprise; or  (H) 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; or  (3) The person meets such other qualifications as the board of land and natural resources may prescribe pursuant to section 171-6.  (b) No person shall be entitled to apply for a farm:  (1) Who, or whose husband or wife, has previously taken or held land for farm or homesteading under any certificate, lease, or agreement or under any homestead lease or patent based thereon; or  (2) Who, or whose husband or wife, or both of them, owns in fee simple other land in the State, the combined area of which with the land in question exceeds eighty acres; provided that:  (A) The ownership of a residence lot or tract, not exceeding three acres in area, shall not disqualify any person otherwise qualified from applying for and receiving any form of farm;  (B) Any person who would otherwise qualify to take a farm lot shall not be disqualified by reason of taking, holding or owning land for farm or homesteading or otherwise, if the land so taken, held or owned becomes unusable for the purpose of farming as defined in section 171-65.  (c) The terms "farm" and "farmer" as used herein also mean ranch and rancher respectively for the purposes of this section. [L 1962, c 32, pt of §2; am L 1965, c 239, §34; Supp, §103A-64; HRS §171-68; am L 1975, c 135, §2; gen ch 1985]
HI Rev Stat § 171-69 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-69 Preference right.

  §171-69 Preference right. Any person otherwise qualified to take a farm lot shall have preference in any drawing for farm lots, if the person:  (1) Is a veteran (defined herein as a person who served in the military forces of the United States during any war between the United States and any other nation and who was discharged or released therefrom under conditions other than dishonorable); or  (2) Has, within a period of not longer than five years prior to the filing of the person's application, been an owner in possession, or a lessee in possession having an unexpired lease term of more than one year, of farm premises which were taken by any governmental authority for any public purpose and who was displaced by reason of the taking or which became unusable for farm purposes because the use was declared a public nuisance or was displaced by reason of a natural disaster. [L 1962, c 32, pt of §2; Supp, §103A-65; HRS §171-69; gen ch 1985]
HI Rev Stat § 171-70 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-70 Findings and declaration of necessity.

Cross References Infrastructure development fund (Kikala-Keokea), see §171-19.5.  §171-70 Findings and declaration of necessity. It is hereby found and declared that:  (1) There is a shortage within the State of lands suitable for residential use, available to persons whose incomes and circumstances are such that they do not qualify for or do not require publicly provided low-rent housing accommodations and who are able to secure financing for the construction of their own homes, but who are unable through lack of sufficient financial ability to purchase land in fee simple or to pay the premiums for the rentals under leases offered by private landowners;  (2) This group includes persons whose residential property has been taken for public purposes and who, while they have received the full and fair value of their property, by purchase or condemnation, are unable to replace the property taken with the proceeds paid or other available funds because of the shortage of similar property in the community;  (3) This group also includes those persons who are in low-rent housing accommodations and are discouraged from increasing their annual income for fear that they may forfeit their low-rent public housing;  (4) Experience has demonstrated that when public lands are subdivided and sold in fee simple at public auction, for residential use, the demands for residential property have forced the price of such lands beyond the financial reach of the persons previously mentioned, and that neither the program of opening public lands for sale in fee simple as residence lots, nor the programs for providing low-rent public housing, for urban redevelopment or for urban renewal are adequate or designed to provide the opportunity for such persons to provide themselves with decent, safe, sanitary, and uncongested residence accommodations consistent with their financial ability and necessary to provide the environment conducive to promoting their own and their children's good citizenship;  (5) To alleviate this shortage of land suitable for residential use, to promote home ownership on as widespread a basis as possible, and to promote the accomplishment of the purposes of the programs for public low-rent housing, urban redevelopment and urban renewal, including the elimination of slum and other conditions detrimental to the public health, safety, and welfare, it is necessary that public lands be made available on terms within the financial means of those residents who, because of the shortage before mentioned, are unable to purchase public or private lands in fee simple or to lease private lands for use for residential purposes. Making public lands available for such purposes, pursuant to this part, is hereby declared to be a public purpose. [L 1962, c 32, pt of §2; Supp, §103A-66; HRS §171-70]
HI Rev Stat § 171-71 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-71 Definitions.

  §171-71 Definitions. As used in this part if not inconsistent with the context:  "Appraisers" means one or more, but not more than three, real estate appraisers appointed by the board.  "Lessee" means the lessee under a residential lease and the successors in interest of the lessee.  "Person" means one or more individuals and does not include any partnership, firm, or corporation.  "Residential lease" or "lease" means a residential lease made by the board of land and natural resources under this part. [L 1962, c 32, pt of §2; Supp, §103A-67; HRS §171-71] Revision Note  Definitions rearranged.
HI Rev Stat § 171-72 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-72 Subdivision, improvement and lease of public lands.

  §171-72 Subdivision, improvement and lease of public lands. Any public land suitable for residential use, including single-family, multiple-family, apartment, cluster, and row housing and situated in a locality suitable for the general type of residential construction anticipated by the board of land and natural resources, may be subdivided and improved in accordance with this part; provided that any such lands being subdivided for single-family residence shall be subdivided into lots of not less than five thousand square feet and not more than fifteen thousand square feet. The subdivision shall comply with appropriate county or city and county zoning and subdivision requirements; provided that the board may put in such other improvements as may be necessary or desirable. The lots in the subdivision may be leased by the board under residential leases without public auction to persons qualified thereunder, without public notice or advertising, other than as required by this part. [L 1962, c 32, pt of §2; Supp, §103A-68; HRS §171-72]
HI Rev Stat § 171-74 (2021)
2021 Hawaii Revised Statutes|Title 12. Conservation and Resources|171. Public Lands, Management and Disposition of|171-74 Qualifications of lessees.

  §171-74 Qualifications of lessees. To qualify for a residential lease under this part, the lessee shall:  (1) Be of legal age and have at least one person, related to the lessee by blood or marriage and solely dependent upon the lessee for support, who will occupy the premises with the lessee; provided that this requirement shall not apply to a husband and wife or to reciprocal beneficiaries who are joint lessees, even if both are employed;  (2) Be a citizen and a resident of the State for not less than five years immediately preceding the issuance of the lease;  (3) Have a gross income not in excess of $20,000 a year, including the gross income of the lessee's spouse or reciprocal beneficiary. In determining gross income, the standard income tax exemption for each of the lessee's dependents, as determined by the income tax laws of the State, shall be allowed; and  (4) Have such other qualifications as may be established by the board of land and natural resources.  Any person who, after taking a residential lease, through change or circumstances, loses the qualifications initially required of the person or becomes disqualified to take a residential lease, shall not thereby be required to surrender the person's residential lease, but shall be entitled to continue to hold the same. [L 1962, c 32, pt of §2; Supp, §103A-70; HRS §171-74; am L 1970, c 184, §5; gen ch 1985; am L 1997, c 383, §35]