reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-191 Definitions.

Note
Part repealed June 30, 2028. L 2018, c 149, §7.
Review of pilot project; annual report to legislature (repealed June 30, 2028). L 2018, c 149, §4.
§171-191 Definitions.
[See Note at part heading.]
As used in this part:
"Hilo community economic district" means the area beginning at the intersection of Manono Street and Kamehameha Avenue, extending south to Piilani Street, east from Piilani Street to Kalanikoa Street to include Hoolulu Park, and west from the intersection of Manono Street and Piilani Street to tax map key 3-2-2-031-001, inclusive along the coastline to Maile Street until its intersection with Kilauea Avenue and then to Aupuni Street and beyond to include the following tax map keys until intersection with Ponahawai Street: 3-2-2-013-003, 3-2-2-012-001, 3-2-2-012-016, 3-2-2-011-01, and 3-2-2-007-018; extending makai to tax map key 3-2-3-002-016, along the coastline and including tax map key 3-2-2-001-006 until intersection with Lihiwai Street; those lands bounded or abutting Lihiwai Street, inclusive through Banyan Drive until its intersection with Kamehameha Avenue; from Kamehameha Avenue at its intersection with Kalanianaole Avenue and extending east on Kalanianaole Avenue to include those abutting lands until tax map key 3-2-1-010-033 on the mauka side of the road and tax map key 3-2-1-01-1010 on the makai side of Kalanianaole Avenue, to include also any of those lands on Ocean View Drive makai of Kalanianaole Avenue and the lands mauka on Silva Street and Keaa Street; the lands within the Hilo airport area managed by the department of land and natural resources as identified on tax map key 3-2-1-12; and the lands abutting or bounded by Kanoelehua Avenue extending south to Makaala Street, then east on Makaala Street to Railroad Avenue then north on Railroad Avenue until Leilani Street and east on Leilani Street until tax map key 3-2-2-037-144, then west on Leilani Street until its intersection with Kanoelehua Avenue; and all those lands abutting or bounded by Pohaku Street, Kukila Street, Halekauila Street, and Lanikaula Street as identified on tax map key 3-2-2-58; on Kanoelehua Avenue heading north from Makaala Street those lands mauka including those lands on Makaala Street, Holumua Street, Pookela Street, Wiwoole Street, and Kawili Street as identified on tax map key 3-2-2-049 and 3-2-2-050; then on Kanoelehua Avenue North from Kawili Street and Kalanikoa Street from Piilani Street until they intersect with Kamehameha Avenue.
"Substantial improvements" means any renovation, rehabilitation, reconstruction, or construction of the existing improvements, including minimum requirements for off-site and on-site improvements, the cost of which equals or exceeds thirty per cent of the market value of the existing improvements that the lessee or the lessee and developer install, construct, and complete by the date of completion of the total development. [L 2018, c 149, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 172. Land Commission Awards; Surveys › 172-1 Department to list lands on which commutation payable; public notice; notice to pay.

§172-1 Department to list lands on which commutation payable; public notice; notice to pay.
The department of land and natural resources shall prepare a list of all lands on which commutation to extinguish the government's right therein is payable. Upon completion of the list the department shall give public notice thereof throughout the State, at least once each week for four successive weeks, together with notice that the amount of commutation ascertained shall thereafter bear interest at the rate of six per cent a year and be subject to collection in the manner provided by law. [L 1909, c 90, §1; RL 1925, §570; RL 1935, §1601; RL 1945, §4631; RL 1955, §100-1; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §172-1; am L 1998, c 2, §39]
Law Journals and Reviews
For an account of the change from the ancient Hawaiian land system, see The Hawaiian Land Revolution, Jon J. Chinen, 5 HBJ 11 (1967).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 172. Land Commission Awards; Surveys › 172-2 Department to appraise lands; determine commutation; interest; lien.

§172-2 Department to appraise lands; determine commutation; interest; lien.
The department of land and natural resources shall cause to be appraised each piece of property upon which commutation shall then be due. The value of the property for the purposes of this chapter shall be fixed by the appraisers as nearly as may be at the value of the land without improvements as of the date of the award of the property made by the board of commissioners to quiet land titles.
Upon the value so ascertained the department shall determine the amount of the commutation due according to the terms of the award. The commutation so fixed shall bear interest from and after January 1, 1910, until paid, at the rate of six per cent a year and the commutation and interest is hereby made a lien upon the land superior to all other encumbrances. [L 1909, c 90, §2; RL 1925, §571; RL 1935, §1602; RL 1945, §4632; RL 1955, §100-2; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §172-2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 172. Land Commission Awards; Surveys › 172-3 Enforcement of payment.

§172-3 Enforcement of payment.
The attorney general shall proceed at any time after the determination of the commutation due as hereinbefore provided, to enforce payment of the same by any proper proceedings brought in the name of the State. The attorney general may foreclose the lien herein provided by suit in equity as hereinafter provided, and jurisdiction to hear and determine all such suits is hereby conferred upon the respective circuit courts. In any such suit service of process may be made by publication thereof in a newspaper of general circulation in the State once each week for three successive weeks, in form substantially as follows:
FORECLOSURE OF LIEN
FOR COMMUTATION
In the Circuit Court of the State of Hawaii,
.........................Circuit
To (here insert the names of the owners of the property so far as known) and to all whom it may concern:
Whereas, a complaint has been filed by the State to foreclose its lien for commutation to extinguish the government's rights in the following described land:
(Here insert description of land sufficient to identify the same, giving number of land commission award, name of awardee and date of award.)
You are hereby ordered to appear before the Honorable ................., circuit judge of the ............... circuit, at the courthouse at ............... on the island of ............... on the ..... day of ............... A.D. 19....., at ..... o'clock .....M., to show cause, if any you have, why the complaint of the State to foreclose its lien for the commutation on the above land in the sum of ............... dollars, should not be granted. And unless you appear before the circuit judge at the time and place stated, your default will be entered and the complaint for foreclosure will be taken as confessed and you will be forever barred from contesting the complaint for foreclosure or any decree or order entered thereafter.
Witness the presiding judge of the circuit court, said circuit, this ..... day of ............... 19.....
Attest: ...........................
Clerk.
The return day of the notice shall be not less than twenty-one nor more than sixty days from the date of issue.
A copy of the published notice shall be mailed by the clerk to every person named therein whose address is known. A duly attested copy of the notice shall be sent to the registrar of conveyances, who shall make and keep a record of the notice. The certificate of the clerk of the circuit judge that the clerk has served the notice as directed by the court, by publishing or mailing, shall be filed in the case before the return day and shall be conclusive proof of the service. [L 1909, c 90, §3; RL 1925, §572; RL 1935, §1603; RL 1945, §4633; RL 1955, §100-3; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §172-3; am L 1973, c 31, pt of §21; gen ch 1985]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
Rules of Court
As to one form of action whether at law or in equity, see HRCP rules 1, 2, 81(i).
Process, service, return, see HRCP rule 4.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 172. Land Commission Awards; Surveys › 172-4 General default.

§172-4 General default.
If no person appears and answers within the time allowed, the judge may at once upon motion of the State order a general default to be recorded and the complaint for foreclosure of the government's lien for commutation to be taken as confessed. By the description in the notice "to all whom it may concern", all the world is made party defendant and shall be concluded by the default and order. [L 1909, c 90, §4; RL 1925, §573; RL 1935, §1604; RL 1945, §4634; RL 1955, §100-4; HRS §172-4]
Rules of Court
Default, see HRCP rule 55(b).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 172. Land Commission Awards; Surveys › 172-5 Hearing, foreclosure.

§172-5 Hearing, foreclosure.
If in any case, an appearance is entered and answer filed, the cause shall be set down for hearing on the motion of either party, but an order of default may first be entered against all persons who do not appear and answer in the manner provided in section 172-4. If on the trial of the cause it appears that commutation is due the State on the land in question, or in case of an order of default having been entered, the judge may make an order that unless the amount of the commutation, together with all costs accrued, is paid within thirty days, the property or so much thereof as may be necessary, shall be sold at public auction to the highest bidder to satisfy the government's lien for commutation, together with interest, costs of appraisement, the costs of publication of the notice herein provided for, costs of court and of sale, and that the owner or owners of the property and their predecessors in title shall be forever foreclosed and barred from any right to redeem the property so sold. [L 1909, c 90, §5; RL 1925, §574; RL 1935, §1605; RL 1945, §4635; RL 1955, §100-5; HRS §172-5]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 172. Land Commission Awards; Surveys › 172-6 Proof.

§172-6 Proof.
The award by the board of commissioners to quiet land titles, together with a certificate by the department of land and natural resources of the date and amount of the appraisement and the amount of the government's commutation determined thereon, and that the same has not been paid, together with the certificate of the clerk of publication as hereinbefore provided, shall be prima facie proof of the right of the government to the commutation claimed. [L 1909, c 90, §6; RL 1925, §575; RL 1935, §1606; RL 1945, §4636; RL 1955, §100-6; am L Sp 1959 2d, c 1, §21; am L 1961, c 132, §2; HRS §172-6]
Case Notes
History of land titles under the Kingdom discussed. 6 H. 63 (1871).
2023 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.
2023 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]
2023 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]
2023 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]
2023 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 (1851); 1 H. 90 (1851). Award cannot be collaterally attacked. 1 H. 90 (1851).
Certificate of award of land commission, with its accompanying survey, are admissible in evidence. 2 H. 202 (1859).
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 (1877); 11 H. 587, 589 (1898).
Court is inclined not to disturb award of land commission long adjudicated. 5 H. 354 (1885).
Mahele of 1848 considered and defined. 6 H. 195 (1877).
Award may be to deceased person; heirs must determine their own respective rights. 15 H. 648 (1904).
Section does not authorize the issuance of grant to deceased person. 26 H. 382, 397 (1922).
Review of case law and effect of patent. 49 H. 429, 421 P.2d 570 (1966).
Cited: 35 H. 608, 630, 658 (1940).
2023 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 (1877); 11 H. 587, 589 (1898).
Patent is evidence that government right to commutation therein is extinguished. 6 H. 315 (1882).
Value of land at time of award is the basis of its appraisement for commutation of government interest. 8 H. 125 (1890).
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 (1920).
Royal patent issued on land commission award, validity of reservation of mineral rights. 49 H. 429, 421 P.2d 570 (1966). Royal patent on land commission award, significance if award defective. 49 H. 456, 479, 421 P.2d 550 (1966). Royal patent issued on land commission award, whether schoolhouse site included or excluded. 49 H. 537, 425 P.2d 83 (1967).
Cited: 35 H. 608, 658 (1940).
2023 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, and 706-663.
2023 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.
2023 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".
2023 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]
2023 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]
2023 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]
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 173A. Acquisition of Resource Value Lands › 173A-10 Proceeds of sale, lease, or other disposition.

§173A-10 Proceeds of sale, lease, or other disposition.
Whenever any such land is sold by any state agency, county, or nonprofit land conservation organization, that portion of the net proceeds (sale price less actual expenses of sale) of such sale equal to the proportion that the grant by the State bears to the original cost of the land or other property shall be paid to the State. In the event any such land or other property is leased, rented, or otherwise disposed of, that portion of the rental or proceeds equal to the proportion that the grant by the State bears to the original cost of the land or other property shall be paid to the State. Any proceeds received by the State pursuant to this section that were originally paid out of the fund pursuant to section 173A-9 shall be redeposited in or credited to the fund. This section shall not apply to rents of property protected by permanent conservation easements established by grants from the fund. [L 1973, c 77, §10; am L 2005, c 156, §6]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 173A. Acquisition of Resource Value Lands › 173A-11 General powers.

§173A-11 General powers.
In carrying out its functions under this chapter the board may do all things necessary, useful, and convenient in connection with the acquisition, administration, maintenance, and management of lands having value as a resource to the State, subject to all applicable laws, and may provide any necessary assistance to any county in the acquisition of land having value as a resource to the State. The authority to acquire land which is conferred by this chapter is in addition and supplemental to any authority to acquire land which is conferred on the board by any other chapter. [L 1973, c 77, §11]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 173A. Acquisition of Resource Value Lands › 173A-12 Federal and other grants.

§173A-12 Federal and other grants.
The board and any county may comply with any condition, regulation, restriction, or requirement imposed by the United States or any other governmental agency, or by any person in any program providing grants or other funds for the acquisition of land having value as a resource to the State. [L 1973, c 77, §12]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 173A. Acquisition of Resource Value Lands › 173A-13 Payment of debt service on the Turtle Bay reimbursable general obligation bonds.

§173A-13 Payment of debt service on the Turtle Bay reimbursable general obligation bonds.
(a) The board shall be responsible for the reimbursement of debt service on the Turtle Bay reimbursable general obligation bonds from the land conservation fund in the amount of $1,500,000 per fiscal year until the bonds are fully amortized.
(b) Moneys expended for the payment of debt service on the Turtle Bay reimbursable general obligation bonds shall be deposited into the Turtle Bay conservation easement special fund. [L 2015, c 121, §3; am L 2022, c 23, §1]
Cross References
Turtle Bay reimbursable general obligation bonds, see §171-171.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-1 Findings and declaration of necessity.

§174-1 Findings and declaration of necessity.
It is hereby found that it is important to the welfare of the people of Hawaii that the overall economy of the State including but not limited to agricultural production, be developed as fully as possible. It is further found that water presently tapped for consumption is inadequate for the fullest development of the economy of the State. It is therefore hereby declared that additional land and water facilities are necessary for the development of the overall economy of the State.
It is the intent of the legislature that no project under this chapter shall be organized in the city and county of Honolulu or other counties without the board of land and natural resources first consulting the board of water supply of the city and county of Honolulu or the water board or department of each county. [L 1961, c 166, pt of §3; Supp, §86-1; HRS §174-1; am L 1987, c 306, §3]
Cross References
Irrigation and water utilization projects, see chapter 168.
Irrigation water development, see chapter 167.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-2 Definitions.

§174-2 Definitions.
The following terms, whenever used and referred to in this chapter, have the following respective meanings, unless a different meaning clearly appears in the context:
"Acreage assessments" means any levy imposed pursuant to this chapter on the land within a project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining land or water facilities.
"Board" means the board of land and natural resources.
"Government" includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them.
"Land occupier" means the owner or in the case of leased land, the lessee of lands lying within a project organized or to be organized under this chapter.
"Leased land", "leasehold", and similar expressions wherever used in this chapter shall be deemed to include land subject to and held under lease or other tenancy, purchase or homestead agreement; "lease" wherever used herein means such lease, tenancy, purchase or homestead agreement; "lessor" wherever used herein includes the lessor, landlord, seller, or State as grantor of the homestead; and "lessee" wherever used herein includes the lessee, tenant, purchaser, or homesteader under such lease or other agreement, as the case may be.
"Project" means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands or to land occupiers.
"Water facility" includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for economic development, under this chapter.
"Water tolls" means any charges established by the board for water supplied by it to the State, the Hawaiian homes commission, and land occupiers. [L 1961, c 166, pt of §3; Supp, §86-2; HRS §174-2; am L 1987, c 306, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-3 Manager-chief engineer.

§174-3 Manager-chief engineer.
The board of land and natural resources shall appoint a registered professional engineer who shall act as manager-chief engineer of the water and land development program and have such qualifications as the board may deem necessary. The appointment and removal of the manager-chief engineer shall be in accordance with chapter 76 and the manager-chief engineer shall perform the duties as set forth by the board. [L 1961, c 166, pt of §3; Supp, §86-3; HRS §174-3; gen ch 1985; am L 2000, c 253, §150]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-4 Interested members of the board or employees.

§174-4 Interested members of the board or employees.
No member of the board of land and natural resources or employees of the board shall acquire any interest, direct or indirect, in any land or water facility or project or in any property, included or planned to be included in any facility or project, nor shall any member of the board or employee of the board have any interest, direct or indirect, in any contract or proposed contract, for materials or services to be furnished or used in connection with any land or water facility or project. If any member of the board or employee of the board owns or controls an interest, direct or indirect, in any property included or planned to be included in any land or water facility or project, the member of the board or employee of the board shall immediately disclose the same in writing to the board and the disclosure shall be entered upon the minutes of the board. The member of the board or employee shall be immediately disqualified from taking any part in the action of the board relative to the land or water facility or project. Failure to so disclose the interest shall constitute misconduct in office. [L 1961, c 166, pt of §3; Supp, §86-4; HRS §174-4; gen ch 1985; am L 1987, c 306, §5]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-6 Further powers.

§174-6 Further powers.
(a) The board of land and natural resources shall also have power:
(1) To establish the total amount of acreage assessments to be levied annually within each project;
(2) To set and from time to time revise tolls which it shall charge for the water provided by its facilities, subject to the rate policies established hereunder; to establish priorities between the several lands included in a project according to the use to which the lands are put or other reasonable basis for classification; to govern the furnishing of water in the event of a shortage of supply and to correlate water tolls with such priorities;
(3) To charge and collect such tolls, fees, and other charges established in connection herewith;
(4) To sell, exchange, transfer, assign, or pledge any property, real or personal, or any interest therein, to any person, firm, corporation, or government, except as prohibited by the laws of the State;
(5) To hold, clear, and improve property;
(6) To borrow money for any of the purposes hereunder;
(7) To insure or provide for the insurance of the property or operations of the board against such risks as the board may deem advisable;
(8) To include in any construction contract let in connection with a project stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum wages and maximum hours of labor, and comply with any conditions which the federal government may have attached to its financial aid of the project.
The board shall also have the power to enter into any repayment or other contracts with the United States for the construction, operation, and maintenance of any projects as may be required or provided for by the federal reclamation laws, or acts amendatory thereof or supplementary thereto, or other federal laws, and further to borrow money or accept grants or assistance from the federal government, or any department, bureau, or agency thereof with respect to the engineering, construction, operation, and financing of any project hereunder. The board shall make every effort to obtain all federal aid possible for the purposes of this chapter.
(b) In making surveys, studies, and investigations, in planning and designing, and in constructing projects and facilities for economic development, the board shall also have power to include therein surveys, studies, and investigations of, plans and designs for and construction of facilities for flood control and the utilization of water for the production of hydroelectric power, where the same may be practicable in conjunction with the formation and operation of a project or projects. [L 1961, c 166, pt of §3; Supp, pt of §86-5; HRS §174-6; am L 1987, c 306, §7]
Case Notes
Board's powers generally and under Small Reclamation Project Act of 1956. 506 F.2d 572 (1974).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-7 Issuance of revenue bonds.

§174-7 Issuance of revenue bonds.
The board of land and natural resources shall have the power to issue revenue bonds, as provided by part III of chapter 39 to finance in whole or in part, the cost of construction, acquisition, or maintenance of any facility or project hereunder, and, in connection therewith, to pledge for the punctual payment of the bonds, and interest thereon, any and all revenues derived from the project or projects for the construction, acquisition, or maintenance of which the bonds were issued, and the revenue of other or all projects, in an amount sufficient to pay the principal and interest of the bonds as they become due, and to create and maintain reasonable reserves or sinking funds therefor. Funds of the board, not otherwise required, may be advanced to pay necessary expenses incurred in making preparation for the initial issuance of bonds under this chapter, and to take any other action necessary or proper in connection therewith. Any project authorized by this chapter shall be designated an "undertaking" within the meaning of part III of chapter 39 and shall be the public undertaking, the revenues of which are hereby charged with the payment of the principal and interest of the bonds. [L 1961, c 166, pt of §3; Supp, §86-6; HRS §174-7]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-8 Investment of funds.

§174-8 Investment of funds.
The director of finance may authorize the investment of any funds held in reserves, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. [L 1961, c 166, pt of §3; am L 1963, c 114, §1; Supp, §86-7; HRS §174-8]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 174. Water and Land Development › 174-9 Security for funds deposited by board.

§174-9 Security for funds deposited by board.
The board of land and natural resources may by resolution provide that all moneys deposited by it shall be secured:
(1) By any securities by which funds deposited by the director of finance of the State may be legally secured, as provided in section 38-3; or
(2) By an undertaking with such sureties as shall be approved by the board faithfully to keep and pay over upon the order of the board any such deposits and agreed interest thereon, and all banks and trust companies are authorized to give any such security for the deposits. [L 1961, c 166, pt of §3; am L 1963, c 114, §1; Supp, §86-8; HRS §174-9]
Revision Note
Section "38-3" substituted for "38-2".