reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-14.5 Auction pre-qualification; agricultural and pasture leases.

§171-14.5 Auction pre-qualification; agricultural and pasture leases.
(a) Whenever used in this section, unless otherwise apparent from the context:
"Farm" also means "ranch" and "farmer" also means "rancher".
"Individual" means a natural person who is not a part of a partnership, corporation, or joint
venture which is a potential bidder under this section.
"Nonindividual concern" means a partnership, corporation, or joint venture properly formed under law and which is a potential bidder under this section.
(b) Any other law to the contrary notwithstanding, to be eligible to bid in an auction for agricultural or pasture leases, a potential bidder shall be a bona fide individual farmer or a nonindividual farm concern:
(1) Who has spent not less than two years, full-time, in farming operations;
(2) Who is an owner-operator of an established farm conducting a substantial farming operation;
(3) Who for a substantial period of the individual's adult life resided on a farm and depended on farm income for a livelihood;
(4) Who is an individual who has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the auction obtained the major portion of their income from farming operations;
(5) Is an individual with a college degree in agriculture;
(6) Is an individual who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm;
(7) 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;
(8) Who is an individual who is displaced from employment in an agricultural production enterprise;
(9) 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;
(10) Who possesses the qualifications under the new farmer program pursuant to section 155-1; or
(11) Who possesses other qualifications as the board of land and natural resources may prescribe pursuant to section 171-6 and this section. [L 1982, c 131, §1; am L 2000, c 51, §14]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-15 Drawing.

§171-15 Drawing.
Whenever public lands are to be sold or leased by drawing, the board of land and natural resources shall notify by publication of applications for the drawing as provided in section 171-16 with such details concerning the drawing as it shall deem necessary and desirable. Applications to participate in the drawing must be filed with the board within two weeks after the last publication date. Within forty-five days after the closing date for applications, the board shall screen the qualifications of the applicants, select those qualified to participate, notify all applicants of the selection and conduct a drawing. The date of the drawing shall be published as set forth in section 171-16. The award shall be made within one week and all applicants shall be notified of the result of the drawing. The lease or patent shall be issued within ninety days after the drawing or when conditions of sale are fulfilled. [L 1962, c 32, pt of §2; Supp, §103A-15; HRS §171-15]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-18 Public land trust.

§171-18 Public land trust.
All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided that all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 6), and all proceeds and income from the sale, lease or other disposition of lands retained by the United States under sections 5(c) and 5(d) of the Act and later conveyed to the State under section 5(e) shall be held as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible, for the making of public improvements, and for the provision of lands for public use. [L 1962, c 32, pt of §2; Supp, §103A-18; HRS §171-18]
Cross References
Act of March 18, 1959, is the Hawaii Admission Act; see volume 1.
Attorney General Opinions
Provides that ceded or public trust land may be alienated. Att. Gen. Op. 95-3.
Law Journals and Reviews
Hawaii's Ceded Lands. 3 UH L. Rev. 101 (1981).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-20 Notice of breach or default.

§171-20 Notice of breach or default.
Except as otherwise specifically provided in this chapter, in the event of a breach or default of any term, covenant, restriction, or condition of any lease or patent heretofore or hereafter issued under this chapter, the board of land and natural resources shall deliver a written notice of the breach or default by personal service or by registered or certified mail to the party in default and to each holder of record having any security interest in the land covered by or subject to the lease or patent making demand upon the party to cure or remedy the breach or default within sixty days from the date of receipt of the notice; provided that where the breach involves a failure to make timely rental payments pursuant to the lease or patent heretofore or hereafter issued under this chapter, the written notice shall include a demand upon the party to cure the breach within less than sixty days, but not less than five business days, after receipt of the notice. Upon failure of the party to cure or remedy the breach or default within the time period provided herein or within such additional period as the board may allow for good cause, the board may, subject to section 171-21 exercise such rights as it may have at law or as set forth in the lease or patent. [L 1962, c 32, pt of §2; am L 1965, c 239, §11; Supp, §103A-20; HRS §171-20; am L 1981, c 160, §1; am L 1991, c 185, §1]
Case Notes
Sufficiency of notice. 2 H. App. 118, 627 P.2d 284 (1981).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-22 Consent to mortgage.

§171-22 Consent to mortgage.
Whenever under this chapter or under any lease, license, permit, or other instrument issued by the board of land and natural resources, consent of the State is required as a condition precedent to the mortgage of, or the creation of a security interest in public land, the chairperson of the board may, upon due application, grant the consent, and if the mortgage or security interest is to a recognized lending institution authorized to do business as a lending institution in either the State or elsewhere in the United States, the consent may extend to foreclosure and sale at the foreclosure to any purchaser, including the mortgagee, without regard to whether or not the purchaser is qualified under this chapter to lease, own, or otherwise acquire and hold the land or any interest therein. The interest of the mortgagee or holder shall be freely assignable. The term "holder" includes an insurer or guarantor of the obligation or condition of the mortgage, including the Federal Housing Administration, the Federal National Mortgage Association, the Department of Veterans Affairs, the Small Business Administration, the United States Department of Agriculture, or any other federal agency and their respective successors and assigns, or any lending institution authorized to do business in the State or elsewhere in the United States; provided that the consent to mortgage to a nongovernmental holder shall not confer any greater rights or powers in the holder than those which would be required by any of the aforementioned federal agencies.
Notwithstanding any provision in this chapter to the contrary, in leases or sales for residential purposes, the board may waive or modify any restrictions of the lease or sale or any restrictions contained in any such lease or sale if the waiver or modification is necessary to enable any of the aforementioned federal agencies or any lending institution authorized to do business in the State or elsewhere in the United States to participate in any loan secured by a mortgage on the land or the leasehold interest; provided any such waiver or modification shall not confer any greater rights or powers in the holder than those which would be required by the Federal Housing Administration or the United States Department of Agriculture. [L 1962, c 32, pt of §2; am L 1963, c 189, §1; am L 1965, c 239, §13; Supp, §103A-22; HRS §171-22; am L 1985, c 50, §1; ree L 1986, c 252, §1; am L 1997, c 258, §5; am L 2017, c 12, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-23 Land patents and deeds, issued when.

§171-23 Land patents and deeds, issued when.
Except as otherwise provided, a land patent or a deed shall issue under the seal of the department of land and natural resources to the purchaser in fee simple of any public land or other land disposable by the board of land and natural resources or to any holder of an award from the board [of] commissioners to quiet titles upon payment of the commutation, if any, required under sections 172-1 to 172-6 and upon presentation of satisfactory proof by the claimant to the lands covered by the award of sufficient right, title, and interest to the awarded land. [L 1962, c 32, pt of §2; Supp, §103A-23; HRS §171-23]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-24 Land conveyances, preparation, signing, record, copies.

§171-24 Land conveyances, preparation, signing, record, copies.
Except for the preparation and execution of leases and licenses and the issuance of revocable permits and rights of entry by the department of transportation, in its harbor and airport functions, all land patents, deeds, leases, grants, or other conveyances of any public land or any interest therein, shall be prepared by the department of land and natural resources. The department of transportation shall, within thirty days after the execution or issuance of such documents, file or record as directed by the board of land and natural resources the original of the same with the board.
Documents setting aside lands for public purposes or withdrawing the same shall be signed by the governor. All other documents prepared by the department of land and natural resources shall be signed by its chairperson or any authorized employee.
The board shall keep a complete record of all such documents. The record shall be open to public inspection and the board shall furnish a certified copy, under its official seal, of any document to any person applying therefor, upon payment of reasonable charges set by the board for certified copies. [L 1962, c 32, pt of §2; am L 1965, c 239, §3; Supp, §103A-24; HRS §171-24; am L 1989, c 145, §1]
Cross References
Reservation of mineral rights, see chapter 182.
Case Notes
Lease let at public auction is not subject to reformation. 47 H. 28, 384 P.2d 581 (1963).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-25 Irrigation projects.

§171-25 Irrigation projects.
In any patent, agreement, or lease a condition may be provided requiring the inclusion of the land being disposed in any irrigation project formed or to be formed by the state agency responsible therefor and making the land subject to assessments made or to be made for such project and constituting such assessments a first lien upon the land which if not paid shall result in the forfeiture of the land subject to notice of default as provided in section 171-20. [L 1962, c 32, pt of §2; Supp, §103A-25; HRS §171-25]
Cross References
Assessments and liens, see §174-19.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-26 Rights-of-way to the sea, game management areas, and public hunting areas.

§171-26 Rights-of-way to the sea, game management areas, and public hunting areas.
Prior to the disposition of any public lands, the board of land and natural resources shall lay out and establish over and across such lands a reasonable number of rights-of-way from established highways to the public beaches, game management areas, public hunting areas, and public forests and forest reserves in order that the right of the people to utilize the public beaches, game management areas, public hunting areas, and public forests and forest reserves shall be protected.
Prior to the leasing of any lands, the board shall determine the feasibility of hunting on such lands, and if any of them is suitable for hunting or may during the term of the lease become suitable for hunting, the board may reserve such lands as game management areas or public hunting areas. Where the board finds that hunting on such lands would not be consistent with the rights of the lessee or for other good cause, the board need not reserve such lands as game management areas or public hunting areas.
The cost of such rights-of-way and any fencing which may be required shall be borne by the State, lessee or jointly as the board may deem appropriate prior to the leasing of such lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §14; Supp, §103A-26; HRS §171-26; am L 1970, c 83, §2; am L 1981, c 116, §5]
Cross References
Fish and game, generally, see chapters 183D and 187A to 190.
Law Journals and Reviews
Beach Access: A Public Right? 23 HBJ 65 (1991).
Public Beach Access: A Right for All? Opening the Gate to Iroquois Point Beach. 30 UH L. Rev. 495 (2008).
Case Notes
Claim for relief against state officials based on alleged illegality of exchange of ceded lands was barred by State's sovereign immunity. 73 H. 578, 837 P.2d 1247 (1992).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-27 Taxes.

§171-27 Taxes.
Any provision to the contrary notwithstanding, leases and licenses issued by the board of land and natural resources and permits issued to permittees, who are holdover lessees or licensees, shall be subject to real property taxes which shall be assessed on a pro rata basis against the lessee, licensee or the permittee and the lessee's, licensee's or permittee's successor in interest.
The board shall notify the lessee, licensee, or permittee and each holder of record having a security interest as provided in section 171-21 of any default in the payment of the taxes and upon failure to remedy the default within sixty days after receipt of notice of default, the board shall cancel and terminate the lease, license, or permit without prejudice to any other remedies the State may have against the lessee, licensee, or permittee. [L 1962, c 32, pt of §2; Supp, §103A-27; am L 1967, c 234, §7; HRS §171-27; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-28 Government-owned Hawaiian fishponds; sale prohibition.

§171-28 Government-owned Hawaiian fishponds; sale prohibition.
(a) The board may investigate and develop scientific commercial management practices for government-owned Hawaiian fishponds and reconstruct, rehabilitate, improve, and stock the fishponds; and expend moneys from the special land and development fund. All revenues derived from any government-owned Hawaiian fishpond shall be deposited in the fund.
(b) The board may lease government-owned Hawaiian fishponds with legislative authorization as provided under section 171-53(c); provided that in lieu of legislative authorization, the board may lease such fishponds if:
(1) A public hearing is conducted on the proposed lease on the island where the fishpond is located;
(2) The board finds that the proposed lease does not cause a substantial adverse environmental or ecological impact on the fishpond or surrounding area; and
(3) The proposed lease is not in violation of applicable federal, state, or county laws.
(c) Any law to the contrary notwithstanding, the board may not sell the fee interest in public lands on which government-owned Hawaiian fishponds are located. [L 1962, c 32, pt of §2; Supp, §103A-28; HRS §171-28; am L 1994, c 69, §1; am L 2010, c 210, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-29 Report to legislature on all dispositions.

§171-29 Report to legislature on all dispositions.
(a) The board of land and natural resources shall submit a written report annually to the legislature within ten days of the convening of each regular session, of all land dispositions made in the preceding year, including sales, leases, leases with options to purchase, licenses, concessions, permits, exchanges, and setting aside of lands by executive orders, the persons to whom made, the size of each disposition, the purpose for which made, the land classification of each, the tax map key number, the per unit price paid or set, and whether the disposition was by auction, by drawing, or by negotiation. When land originally leased by the board is, in turn, subleased by the board's lessee or sublessee, the report shall include, in addition to the foregoing information, the reason for approval of the sublease by the board and the estimated net economic result accruing to the State, lessee and sublessee.
(b) Whenever in this chapter any sale, lease, easement, license, executive order, quitclaim, exchange, or other disposition is made subject to disapproval of the legislature, a written report thereof containing the information required in subsection (a) of this section shall be submitted to the legislature in the session next following the date of the disposition within ten days of the convening of the session. [L 1962, c 32, pt of §2; Supp, §103A-29; am L 1967, c 234, §8; HRS §171-29; am L 1972, c 173, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-31 Depository for documents; filing, record.

§171-31 Depository for documents; filing, record.
The department of land and natural resources is designated as a depository for purpose of recordation with the registrar of conveyances, all documents pertaining to real property or any interest therein conveyed to the Territory or State or to any political subdivision thereof.
The officer in charge of any department of the State or any department of any political subdivision thereof, who is authorized to negotiate for the acquisition of real property or any interests therein shall within thirty days after the execution of the necessary documents involved, file all the documents pertaining to the real property or any interest therein with the department. Two blueprint plans of the real property shall also be filed with the department.
All such documents shall be offered for record by direction of the board of land and natural resources and recorded by the registrar of conveyances free of charge. [L 1962, c 32, pt of §2; Supp, §103A-31; HRS §171-31]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-31.6 Criminal penalties.

§171-31.6 Criminal penalties.
(a)
Any person found guilty of a violation of this chapter or any rules adopted thereunder shall be guilty of a petty misdemeanor and shall be punished as follows:
(1) For a first offense, by a mandatory fine of not less than $500, or imprisonment of not more than thirty days, or both;
(2) For a second offense within five years of a previous conviction under this section, by a mandatory fine of not less than $1,000, or imprisonment of not more than thirty days, or both; and
(3) For a third or subsequent offense within five years of two prior convictions under this section, by a mandatory fine of not less than $2,000, or imprisonment of not more than thirty days, or both.
(b) Any criminal action against a person for any violation under this section shall not be deemed to preclude the State from pursuing civil legal action to recover administrative fines and costs against the person. Any civil legal action against a person to recover administrative fines and costs for any violation of this chapter or any rules adopted thereunder shall not be deemed to preclude the State from pursuing any criminal action against that person pursuant to this section. [L 2008, c 216, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-32 Policy.

§171-32 Policy.
Unless otherwise specifically authorized in this chapter or by subsequent legislative acts, all dispositions shall be by lease only, disposed of by public auction in accordance with the procedure set forth in sections 171-14 and 171-16. [L 1962, c 32, pt of §2; am L 1965, c 239, §4; Supp, §103A-32; HRS §171-32]
Case Notes
Rental of excess transmission capacity in facilities of Molokai irrigation system did not constitute disposition of public lands. 62 H. 546, 617 P.2d 1208 (1980).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-33 Planning; generally.

§171-33 Planning; generally.
Prior to any notice of intended disposition, the board of land and natural resources shall:
(1) Classify the land according to its use or uses as provided in this chapter;
(2) Determine the specific use or uses for which the disposition is intended;
(3) Parcel land into units of minimum size areas related to the intended specific use or uses and sufficient for an economic operation, hereinafter called an "economic unit";
(4) Determine the requirements for the construction of building or other improvements, which are necessary or desirable to encourage the highest use of the land;
(5) Determine the upset price or lease rental, based upon the fair market value of the land employed to the specific use or uses for which the disposition is being made, with due consideration for all of the terms and conditions of the disposition;
(6) Determine the necessary conditions of disposition which will discourage speculation;
(7) In the case of leases, determine the minimum tenure necessary to support the intended use or uses and the necessity for periodic rent openings in long-term leases to assure the State a fair return;
(8) Prepare the proposed documents and make them available for public inspection;
(9) Determine, two years before the expiration of the term of any lease, whether the premises are to be demised for the same use or uses under a new lease or whether all or any part thereof is to be reserved for other use or uses and then promptly notify the lessee of the determination. [L 1962, c 32, pt of §2; am L 1965, c 239, §16; Supp, §103A-33; HRS §171-33]
Case Notes
Absent showing that lot sizes were unrelated to intended use and insufficient for economic operation, court held board did not abuse discretion in setting lot size. 60 H. 228, 588 P.2d 430 (1978).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-34 Planning; intensive agricultural and pasture uses.

§171-34 Planning; intensive agricultural and pasture uses.
In addition to the requirements set forth in section 171-33, if the intended disposition is for intensive agricultural or pasture uses, the board of land and natural resources shall:
(1) Make or cause to be made an on-the-ground inspection of the land;
(2) Secure data or information from the land study bureau relating to such parcel;
(3) Review any other pertinent information with respect to the land and the surrounding area; and
(4) Based upon information obtained, prepare a written report on the land, which report shall include the following:
(A) The class of the land within the specific use for which disposition is intended;
(B) The condition of the land with respect to its state of development;
(C) Existing improvements, if any;
(D) Extent of uncontrolled erosion if any;
(E) Nature of forage; and
(F) Extent of infestation with noxious weeds. [L 1962, c 32, pt of §2; Supp, §103A-34; HRS §171-34]
Case Notes
Absent showing that lot sizes were unrelated to intended use and insufficient for economic operation, court held board did not abuse discretion in setting lot size. 60 H. 228, 588 P.2d 430 (1978).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-35 Lease provisions; generally.

Cross References
Civil relief for state military forces, see chapter 657D.
Disposition of state boating facility properties, see §200-2.5.
§171-35 Lease provisions; generally.
Every lease issued by the board of land and natural resources shall contain:
(1) The specific use or uses to which the land is to be employed;
(2) The improvements required; provided that a minimum reasonable time be allowed for the completion of the improvements;
(3) Restrictions against alienation as set forth in section 171-36;
(4) The rent, as established by the board or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments;
(5) Where applicable, adequate protection of forests, watershed areas, game management areas, wildlife sanctuaries, and public hunting areas, reservation of rights-of-way and access to other public lands, public hunting areas, game management areas, or public beaches, and prevention of nuisance and waste; and
(6) Such other terms and conditions as the board deems advisable to more nearly effectuate the purposes of the state constitution and of this chapter. [L 1962, c 32, pt of §2; am L 1965, c 239, §17; Supp, §103A-35; HRS §171-35; am L 1981, c 116, §6; am L 1989, c 253, §1]
Attorney General Opinions
Land board may require compliance with county ordinances except planning and zoning laws. Att. Gen. Op. 86-3.
Law Journals and Reviews
Beach Access: A Public Right? 23 HBJ 65 (1991).
Case Notes
Cited: 53 H. 567, 498 P.2d 631 (1972).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-36.1 Reservation of rights to prehistoric and historic remains on leased public lands.

§171-36.1 Reservation of rights to prehistoric and historic remains on leased public lands.
The board of land and natural resources shall, in leases of public lands retain the rights to all prehistoric and historic remains found on such lands. [L 1969, c 216, §7]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-36.2 Public lands for historic preservation and restoration.

§171-36.2 Public lands for historic preservation and restoration.
(a) Any law to the contrary notwithstanding, the board may lease public lands in the State for use in historic preservation and restoration projects:
(1) Through negotiations; and
(2) For a price which shall be determined by the board.
(b) The department shall adopt rules pursuant to chapter 91 to determine what constitutes historic preservation and restoration projects for the purposes of this section; provided that no definition or criteria established shall conflict with any federal, state, or county law.
(c) All subleases of land disposed of pursuant to this section shall be subject to the approval of the board. [L 1985, c 33, §2; am L 2002, c 114, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-37 Lease restrictions; intensive agricultural and pasture uses.

§171-37 Lease restrictions; intensive agricultural and pasture uses.
In addition to the restrictions provided in section 171-36, the following restrictions shall apply to all leases for intensive agricultural and pasture uses:
(1) The lease term shall not be less than fifteen years nor more than thirty-five years, except that if the type of disposition requires the lessee to occupy the premises as the lessee's own personal residence, the lease term may be longer than thirty-five years; provided that the lease term shall not be in excess of seventy-five years, except that in the case of a tree-crop orchard lease, the term shall not be in excess of forty-five years;
(2) If the land being leased is not immediately productive and requires extensive expenditures for clearing, conditioning of the soil, the securing of water, the planting of grasses, or the construction of improvements, as the result of which a longer term is necessary to amortize the lessee's investment, then the lease term may be longer than thirty-five years, but not in excess of fifty-five years; and
(3) The land leased hereunder, or any portion thereof, shall be subject to withdrawal by the board at any time during the term of the lease with reasonable notice and compensation, as provided in section 171-37.5, for public uses or purposes, including residential, commercial, industrial, or resort developments, for constructing new roads or extensions, or changes in line or grade of existing roads, for rights-of-way and easements of all kinds, and shall be subject to the right of the board to remove soil, rock, or gravel as may be necessary for the construction of roads and rights-of-way within or without the demised premises.
"Tree-crop", as used in this section, shall be exclusive of papaya and banana. [L 1962, c 32, pt of §2; am L 1965, c 239, §19; Supp, §103A-37; am L 1967, c 234, §15; HRS §171-37; am L 1973, c 68, §1; am L 1982, c 198, §1; gen ch 1985; am L 1987, c 88, §1; am L 2013, c 234, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-38 Condemnation of leases.

§171-38 Condemnation of leases.
The lease shall provide that whenever a portion of the public land under lease is condemned for public purposes by the State, or any county or city and county, or any other governmental agency or subdivision, the rental shall be reduced in proportion to the value of the portion of the premises condemned, and the lessee shall be entitled to receive from the condemning authority the:
(1) Value of growing crops, if any, that the lessee is not permitted to harvest; and
(2) Proportionate value of the lessee's permanent improvements taken in the proportion that it bears to the unexpired term of the lease.
The lessee, in the alternative, may remove and relocate the lessee's improvements to the remainder of the lands occupied by the lessee. The foregoing rights of the lessee shall not be exclusive of any other to which the lessee may be entitled by law, including those rights established in section 171-37.5. Where the portion taken renders the remainder unsuitable for the uses for which the land was leased, the lessee shall have the option to surrender the lessee's lease and be discharged for any further liability therefor; provided that the lessee may remove the lessee's permanent improvements within a reasonable period allowed by the board. [L 1962, c 32, pt of §2; Supp, §103A-38; HRS §171-38; gen ch 1985; am L 2013, c 234, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-39 Leases; forfeiture.

§171-39 Leases; forfeiture.
Upon the violation of any condition or term of any lease to be observed or performed by the lessee or tenant, the board of land and natural resources shall, after the notice of default as provided in section 171-20, and subject to the rights of each holder of record having a security interest as provided in section 171-21, terminate the lease or tenancy and take possession of the leased land, without demand or previous entry and without legal process, together with all improvements placed thereon and shall retain all rent paid in advance as damages for the violations. [L 1962, c 32, pt of §2; Supp, §103A-39; HRS §171-39]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-40 Expired leases; holdover.

§171-40 Expired leases; holdover.
Upon expiration of the lease term, if the leased land is not otherwise disposed of, the board of land and natural resources may allow the lessee to continue to hold the land for a period not exceeding one year upon such rent, terms, and conditions as the board may prescribe; provided that if, immediately prior to the expiration of the lease, the land was cultivated with crops having ratoons for at least one cycle, as defined hereinafter, the board may permit the lessee to continue to hold the leased land until the crops from the last remaining cycle have been harvested. The term "cycle" as used in this section means the period required to plant and cultivate the original crop, including the harvesting of the first ratoon, being a period exceeding two years.
Upon expiration of the one-year extension, if the board has not yet decided upon the re-lease of the land or reservation for other purposes, the board may issue a temporary permit to the lessee, subject to section 171-55 and the rent and such other terms and conditions as the board may prescribe. [L 1962, c 32, pt of §2; Supp, §103A-40; HRS §171-40]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-41 Commercial, industrial, and other business uses.

§171-41 Commercial, industrial, and other business uses.
(a) Leases for commercial, industrial, and other business uses shall be made only pursuant to a development plan which provides for careful placement of complementary enterprises consistent with county zoning requirements; except that development plans for leases of parcels in industrial parks developed under section 171-134(b) shall provide for careful placement of complementary enterprises consistent with the final plans and specifications under section 171-134(b). Where a disposition for any such use is made without advance parcelization, the board shall make adequate provisions for the compatibility of the proposed enterprises with any existing surrounding private developments. The board, wherever possible, shall control the landscaping and architecture of the enterprises and protect the public against the creation of nuisances of smoke, soot, irritating odors and gases, and harmful wastes.
(b) The board may sell public land in fee simple for commercial, industrial, or other business uses with the prior approval of the governor and subject to disapproval by two-thirds vote of either the senate or the house of representatives or by majority vote of both in any regular or special session next following the date of disposition; provided the above restrictions shall not apply to any sale of land initially acquired for highway purposes with participating federal funds and which land is later found to be in excess of the need for highway purposes. [L 1962, c 32, pt of §2; am L 1963, c 196, §1; am L 1965, c 239, §20; Supp, §103A-41; HRS §171-41; am L 1972, c 38, §1; am L 1988, c 361, §4]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-41.5 Amendment of commercial, hotel, or industrial lease.

§171-41.5 Amendment of commercial, hotel, or industrial lease.
(a) The board of land and natural resources, after notification and public hearing as provided in subsection (b), may amend the height, density, and other building restrictions or requirements and the specific use or uses contained in a lease for hotel, commercial, or industrial use of public land to another or an additional specific hotel, commercial, or industrial use or uses, or restriction; provided that the lease has been in effect twenty years or more, and upon:
(1) The application of the lessee;
(2) Consent of each holder of record having a security interest in any improvements made by the lessee to the leased public land;
(3) A finding by not less than two-thirds of the total membership of the board that the amended use or uses or restriction is in the public interest; and
(4) Agreement by the lessee that the lessee, commencing from the effective date of the amendment, shall pay a revised annual rent equal to the annual fair market rental value of the land based on the amendment. The annual fair market value of the land shall be determined and set by the board. Such amendments shall not be construed to permit the construction of improvements not otherwise permitted by county zoning regulations applicable to the public land.
(b) Before any amendment to a state lease, the board of land and natural resources shall give no fewer than fourteen days' public notice statewide and, in addition, in the county where the subject property is situated. A full hearing shall be given by the board of land and natural resources, to all who desire to be heard upon the subject matter of the notice. The hearing shall be public, on the island where the subject property is situated, and shall be conducted under rules that the board may adopt. [L 1986, c 252, §2; am L 1990, c 73, §1; am L 1998, c 2, §37]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-43 Lease of campsites or sites for youth athletic and/or educational activities.

§171-43 Lease of campsites or sites for youth athletic and/or educational activities.
The board of land and natural resources may directly lease without recourse to public auction to any eleemosynary or religious organization campsites or sites for youth athletic and/or educational activities in a state park area or on lands under the control of the department of land and natural resources at nominal consideration. Where the lease is for campsites, the lease shall provide that the lessee shall permit the public to use the campsites at the rates approved by the board in its rules and regulations. Except as provided herein, the terms and conditions of sections 171-33, 171-35 and 171-36 shall apply. [L 1963, c 203, §1; am L 1965, c 239, §22; Supp, §103A-42.5; HRS §171-43; am L 1971, c 83, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-43.1 Lease to eleemosynary organizations.

§171-43.1 Lease to eleemosynary organizations.
The board may lease, at a nominal consideration, by direct negotiation and without recourse to public auction, public lands to an eleemosynary organization which has been certified to be tax exempt under sections 501(c)(1) or 501(c)(3) of the Internal Revenue Code of 1986, as amended. The lands shall be used by such eleemosynary organizations for the purposes for which their charter was issued and for which they were certified by the Internal Revenue Service. [L 1970, c 83, §5; am L 1971, c 100, §1; am L 1982, c 202, §1; am L 1991, c 212, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-44 Lease for recreation-residence use.

§171-44 Lease for recreation-residence use.
[(a)] Notwithstanding any limitations to the contrary, the board of land and natural resources may lease, by direct negotiation and without recourse to public auction, lands within a state park or forest reserve and other lands set aside under executive orders, for recreation-residence use for a period not to exceed twenty years on such terms and conditions as may be prescribed by the board.
[(b)] The [board] of land and natural resources shall enforce all provisions of recreation-residential use lease agreements and shall establish a schedule of penalties and fines for any breach of the provisions of a recreation-residential use lease agreement unless penalties and fines are specified in the lease agreement. [L 1965, c 239, §38; Supp, §103A-42.8; HRS §171-44; am L 2008, c 223, §4]
Revision Note
Subsection (b) is codified to this section pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-45 Residence lots; sale or leases.

Cross References
Civil relief for state military forces, see chapter 657D.
§171-45 Residence lots; sale or leases.
The board may dispose of public land for personal residence purposes (1) by sale in fee simple or lease at public auction as provided in sections 171-14 and 171-16, or (2) by sale or lease of lots by drawing as provided in sections 171-15 and 171-16. [L 1962, c 32, pt of §2; Supp, §103A-43; HRS §171-45; am L 1970, c 184, §1]
Cross References
Oahu land development, see chapter 206.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-46 Residential sales or leases; planning.

§171-46 Residential sales or leases; planning.
Prior to the disposition of public land for residential lots, whether by sale in fee simple or by lease, in addition to the requirements of section 171-33, the board of land and natural resources shall:
(1) Make a determination of the demand for houselots in the area of the intended disposition;
(2) Make a thorough investigation of the costs of the residential development;
(3) Wherever possible locate the residential development adjacent to an existing urban center;
(4) Subdivide and improve the land, in conformity with county or city and county zoning and subdivision requirements, including the construction of necessary roads; and
(5) Plan the development to meet the economic need and circumstance of the persons for whom the development is intended. [L 1962, c 32, pt of §2; am L 1964, c 47, §2; am L 1965, c 239, §23; Supp, §103A-44; HRS §171-46]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-47 Residence lots; improvement districts.

§171-47 Residence lots; improvement districts.
Notwithstanding any provision of law to the contrary, the board of land and natural resources is authorized, in like manner and subject to the same conditions, including the imposition of liens and the payment of costs, as any subdivider of private lands, to petition for the construction of necessary subdivision improvements pursuant to applicable improvement district statutes or ordinances of any county or city and county in subdividing public lands for residential purposes. The board shall dispose of the residential lots so improved subject to liens consisting of the improvement assessments. For the purpose of this section the board is authorized to encumber and impose liens on public lands. [L 1965, c 239, §24; Supp, §103A-44.5; HRS §171-47]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-48 Residence lots, requirements.

§171-48 Residence lots, requirements.
In the disposition of lots for residence purposes:
(1) No person shall purchase or lease, directly or indirectly through an agent, nominee, third person, or otherwise, any interest in more than one lot.
(2) No person and no unmarried minor child, whose spouse or parent purchases or leases a lot, shall be qualified to purchase or lease any lot.
(3) The board shall require the lessee or purchaser to construct, within three years after disposition, a dwelling of such size and value as shall be prescribed by the board and to use the lot and dwelling as the lessee's or purchaser's principal domicile; provided that the board may, for good and sufficient cause and to alleviate hardship, extend the building deadline for a period not exceeding two years, at six-month intervals based on a demonstration of the lessee's or purchaser's progress towards satisfying improvement requirements.
(4) The board shall establish such additional restrictions, requirements or conditions in accordance with the powers granted to it in section 171-6(6).
(5) No person shall be qualified to purchase or lease any lot by drawing if the person's gross income including the gross income of the person's spouse exceeds $20,000 per year. In determining gross income, the standard income tax exemption for each of the person's dependents, as determined by the income tax laws of the State, shall be allowed.
(6) No person shall be qualified to purchase or lease any lot who, or whose spouse, or both of them, owns or is a lessee, under a residential lease for a term exceeding twenty years (including any periods for which the lease may be extended or renewed at the option of the lessee), of any land situated within or without the State suitable for residential use. [L 1962, c 32, pt of §2; Supp, §103A-45; HRS §171-48; am L 1970, c 184, §2; am L 1972, c 37, §1; am L 1973, c 18, §1; am L 1977, c 49, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-49 Residence lots: unsold; forfeited; surrendered.

§171-49 Residence lots: unsold; forfeited; surrendered.
Any lot not sold or leased at public auction or drawing, or sold or leased and forfeited, or surrendered after sale or lease with the consent of the board of land and natural resources, which consent is authorized, may, subject to section 171-21, be disposed of by the board as follows:
(1) The board shall hold the lot without disposition for a period of thirty days, during which time, any person otherwise qualified to bid interested in securing the lot may apply therefor in writing.
(2) Upon the expiration of thirty days, if not more than one person has applied for the lot, the board may dispose of the lot to the sole applicant without public auction at not less than the prior upset price; provided that if the lot is one among several available lots and there are more applicants than available lots, this paragraph shall not apply.
(3) If more than one person has applied for the lot, or if there are more applicants than available lots, upon the expiration of thirty days, the board shall by sale or lease dispose of the lot or all of the available lots, as the case may be, at drawing as provided in section 171-15 or at public auction as provided in sections 171-14 and 171-16, at the prior upset price or, if the drawing or public auction is held more than six months after the date of the prior drawing or public auction, at the upset price fixed by a reappraisal. [L 1962, c 32, pt of §2; Supp, §103A-46; HRS §171-49; am L 1970, c 184, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-49.5 Resale, first offer to board; limitation on resale price.

§171-49.5 Resale, first offer to board; limitation on resale price.
Any lot [sold] or leased for residential use pursuant to this part shall not be sold or transferred again by the purchaser, the purchaser's personal representative, or the purchaser's heirs for a period of ten years from date of disposition unless the purchaser first offers the land or lease and improvements for sale and surrender to the board in accordance with the provisions of section 171-17(c) or section 171-81, as the case may be. [L 1970, c 184, §6; am L 1976, c 200, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-49.7 Public lands suitable and available for residential development; inventory.

§171-49.7 Public lands suitable and available for residential development; inventory.
The department of land and natural resources shall complete and maintain a current inventory of all public lands placed in the urban district by the land use commission under chapter 205 which are or may be suitable and available for residential development. This inventory shall be updated at the end of each quarter and shall contain the following information: the island and area in which the land is situated, the acreage, and such other information which the department determines may be necessary to identify and inventory the land. [L 1977, c 63, §1]