reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-86 Purpose.

§171-86 Purpose.
It is the purpose of this part, in the public interest, to provide for immediate relocation and rehabilitation of disaster victims by making public lands available in the manner hereinafter provided, when a natural disaster strikes the State and devastates large tracts of lands and causes the necessity for immediate relocation of persons from the devastated areas. [L 1962, c 32, pt of §2; Supp, §103A-81; HRS §171-86]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-87 Disposition to victims of natural disaster, when.

§171-87 Disposition to victims of natural disaster, when.
Notwithstanding any law to the contrary, the board of land and natural resources may dispose of public land to victims of a natural disaster by negotiation and without recourse to public auction for purposes other than the personal residences of the victims or for agricultural purposes as hereinafter provided.
To effectuate disposition for the purpose of relocating victims onto public lands and placing them in circumstances similar to those which existed prior to the natural disaster the board shall:
(1) Subdivide and improve public lands, including the construction of roads, in conformity with applicable county or city and county zoning and subdivision requirements and good planning;
(2) Lease the lands at fair market rental as determined by the board, based on appraisals by at least one but not more than three disinterested appraisers, provided that the board shall waive rental for the first two years of the terms of the lease;
(3) Limit the size of any lot leased under this part in accord with need and use, provided that such lot shall not exceed four acres of usable land;
(4) Lease only one lot to a person eligible under this part; provided that if the person owned, leased, or occupied another lot in the devastated area which was used for a different purpose, the board may lease a maximum of two lots to the person if there is a different use for each lot;
(5) Include in the instrument of lease, in addition to other terms and conditions, the following:
(A) The lessee, for the first five years of the term of the lease, shall use the leased land for the same business use or undertaking as that in which the lessee was engaged at the time of the natural disaster or for a use approved by the board;
(B) The lessee shall complete the construction of improvements required under the lessee's lease within one year from the commencement of the lease, unless the board extends the time of completion, and if the lessee defaults with respect to the construction of the improvements and fails to remedy or cure the default after proper notice thereof as provided in section 171-20, the board may, at its option, subject to the provisions of section 171-21, declare a forfeiture of all the right, title, and interest of the lessee in and to the leased land;
(C) The lessee shall not assign, mortgage, or sublet the whole of the leasehold premises, without the prior approval of the board, provided that the lessee may sublet a part of the leasehold premises without approval of the board; and
(D) The lease rental shall be subject to redetermination and renegotiation during the lease term in the manner and at such intervals as the board may specify in the lease. [L 1962, c 32, pt of §2; Supp, §103A-82; HRS §171-87; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-88 Option to purchase.

§171-88 Option to purchase.
Any owner in fee simple of private land in a disaster area who leases or who presently has a lease of public land under this part shall be entitled to an option to purchase in fee simple the public land so leased if the owner's private land was or is condemned or purchased for a public purpose by a governmental agency at any time between the date of the natural disaster and the date of expiration of the first two years of the term of the lease to the person.
If private land in a disaster area owned at the time of the natural disaster by a lessee under this part is not condemned or purchased for a public purpose by a governmental agency at the expiration of the first two years of the term of the lease of the lessee, the person shall be entitled to an option to purchase in fee simple the public land leased under this part, provided that the lessee first offers the board of land and natural resources a period of six months in which to exercise an option to purchase in fee simple the lessee's private land in the disaster area which the lessee held at the time of the natural disaster. The offer shall be made to the board by the lessee within thirty calendar days next following the first two years of the term of the lease of the lessee. The lessee shall then have a period of six months next following the board's rejection or exercise of its option in which to reject or exercise the lessee's option to purchase the public lands. The acquisition or purchase of the private lands in a disaster area by the board under this part is declared to be for a public purpose.
During the period that the board and the lessee are considering their respective options to purchase, the board shall waive the lease rental of the lessee.
Public land under lease shall be sold and private land of the lessee shall be purchased at fair market value as determined by appraisal as set forth in section 171-17. The fair market value shall not include the value of improvements erected by the lessee and shall be determined as if the premises were not subject to the lease or to any mortgage made by the lessee. [L 1962, c 32, pt of §2; Supp, §103A-83; am L 1966, c 27, §2; HRS §171-88; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-89 Applications.

§171-89 Applications.
All applications for a lease shall be filed with the board of land and natural resources within three months after the date of the natural disaster, provided that the board may extend the time for filing applications for an additional period not to exceed three months. [L 1962, c 32, pt of §2; Supp, §103A-84; HRS §171-89]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-90 Eligibility.

§171-90 Eligibility.
Any person shall be eligible to apply for a lease under this part if the person was an owner, lessee, or tenant in actual possession of real property in a disaster area and whose business activity or undertaking, not primarily agricultural in character, was substantially destroyed or made unsuitable on or after May 22, 1960, by a natural disaster and whose property or the property on which the person is a lessee or tenant was substantially damaged on or after May 22, 1960, by a natural disaster, so as to render the property unfit or economically unfit for the purpose or use made prior to the disaster, provided that an owner or lessor not in actual possession of the owner's or lessor's property shall not be eligible unless the owner or lessor first fully releases all lessees or tenants from all obligations under the owner's or lessor's lease or agreement of tenancy.
Any owner or lessee of real property in a disaster area who was engaged in the business of renting homes or apartments shall be deemed an owner or lessee or tenant in actual possession of real property in a disaster area as provided for in this section.
Property shall be deemed unfit or economically unfit for the purpose or use made prior to the disaster when so determined by the board of land and natural resources, which determination shall be final, or if any law, ordinance, or regulation of any governmental agency prohibits the construction of improvements on land in a disaster area.
The determination by the board as to who is an eligible applicant shall be final. [L 1962, c 32, pt of §2; Supp, §103A-85; HRS §171-90; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-91 Notice of availability of leases; selection of lessees.

§171-91 Notice of availability of leases; selection of lessees.
Notice of availability of land to be offered to qualified applicants for lease shall be by publication in accordance with the same procedure as set forth in section 171-16(b), but limited to the county in which the land is situated. The notice shall contain, in addition to such other information as the board of land and natural resources deems proper, a reference to the qualification of applicants, a brief description of the land to be leased, its locality, area, and quality, with reference to the survey, and the date by which the applications must be filed for a lease of the land. The board shall, as soon as practicable following the closing date for applications, review the qualifications of the applicants, determine their respective needs, fix the terms, covenants, and conditions of leases to be issued, as more particularly provided in section 171-87, and, within the limits of availability of the land for which notice has been published, issue leases to selected applicants. [L 1962, c 32, pt of §2; Supp, §103A-86; HRS §171-91]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-92 Existing public leases.

§171-92 Existing public leases.
Where a person has an unexpired lease, including a residential lease, of public land damaged by a natural disaster and rebuilding on such land is not prohibited, the board of land and natural resources may negotiate an extension of the lease to make it economically feasible to rebuild, or may, by mutual agreement with the lessee and the holder of record having security interest, cancel the unexpired term of the lease and negotiate a new lease with the person. [L 1962, c 32, pt of §2; Supp, §103A-87; HRS §171-92]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-93 Authorization.

§171-93 Authorization.
The board of land and natural resources may dispose of by sale, lease, or lease with option to purchase, public land through drawing by lots and without recourse to public auction to persons dispossessed or displaced as a result of a natural disaster, as determined by proclamation of the governor, under the following terms and conditions:
(1) The department of land and natural resources shall subdivide and improve, including roads, the land to be disposed of;
(2) Such land shall be sold at fair market value or leased at fair market lease rental, as determined by appraisal, based on the land as improved;
(3) The instrument of conveyance or lease shall contain, in addition to the usual terms, the restriction that the land shall be used only for residential purposes for a period of ten years following the date of the conveyance or lease, which restriction shall be a covenant running with the land and enforceable by the board or by any surrounding owner or lessee of public land that is subject to the same restriction;
(4) If the purchaser or lessee decides to sell, lease, or sublease the land within ten years from the date of the conveyance or lease, the board shall have the first option to repurchase the interest of the purchaser or lessee at fair market value. In the event the land is acquired by the Federal Housing Administration, pursuant to a contract of mortgage insurance, or is anywise acquired by the Small Business Administration, Federal National Mortgage Association, Department of Veterans Affairs, or any bank, or savings and loan institution chartered to do business in the State or by the federal government, this restriction shall be null and void during the period of such ownership, and, to this extent, the board may waive any rights accruing to the State contained in any deed, land patent, sales agreement, or lease made pursuant to this part;
(5) The size of any lot sold under this part shall not exceed two acres; and
(6) A person eligible under this part may draw one lot for the person's property destroyed by natural disaster. [L 1962, c 32, pt of §2; Supp, §103A-88; HRS §171-93; gen ch 1985; am L 2017, c 12, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-94 Persons dispossessed or displaced.

§171-94 Persons dispossessed or displaced.
For the purposes of this part, a person dispossessed or displaced by natural disaster means any owner of land in possession or any lessee or tenant of land in possession, who has used the property for residential purposes immediately prior to the date the property was substantially destroyed by or as a result of a natural disaster or was made unfit for such purposes by or as a result of any urban redevelopment project which resulted from a natural disaster. Property shall be deemed unfit for residence purposes when so determined by the board of land and natural resources, which determination shall be final, or if any law, ordinance, or regulation of any governmental agency prohibits the construction of improvements on land in a disaster area. [L 1962, c 32, pt of §2; am L 1963, c 177, §1; Supp, §103A-89; HRS §171-94]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-95.1 Authority of board to extend leases under certain circumstances.

§171-95.1 Authority of board to extend leases under certain circumstances.
Notwithstanding the lease restrictions established pursuant to section 171-36, the board may, without public auction, extend a public land lease that is issued to a school or government entity pursuant to section 171-95 beyond the sixty-five year maximum lease term. The authority established pursuant to this section to extend a lease shall not apply to any lease to the University of Hawaii of lands within a conservation district of which the University of Hawaii has subleased a portion for the purpose of constructing an astronomical observatory. [L 2017, c 215, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-95.3 Renewable energy producers; lease of public lands without public auction.

§171-95.3 Renewable energy producers; lease of public lands without public auction.
(a) The board may lease or renew a lease of public lands to renewable energy producers, as defined in section 171-95, without public auction only pursuant to a public process that includes public notice under section 1-28.5 providing other interested renewable energy producers opportunity to participate in the process; provided that nothing in this section shall be construed to prevent the board from conducting direct negotiations; provided further that the renewable energy producer shall be required to submit as part of the proposal for the board's evaluation, as assisted by the department of business, economic development, and tourism, the following:
(1) A timeline for completion of the project;
(2) A description of a financial plan for project financing;
(3) A description of the conceptual design of the project;
(4) A description of the business concept for the project; and
(5) A description of landscape and acreage requirements including public and private lands.
Upon completion of the board's evaluation and determination to award or not award a lease to a renewable energy producer, the board shall prepare a report outlining the reasons for the decision.
(b) A lease to a renewable energy producer under this section shall not result in the involuntary termination of a lease of public land held by an existing lessee who is currently in compliance with the terms of the lease.
(c) To inform the public prior to the lease of public land or the renewal of a lease of public land for a proposed renewable energy project under this section, the department of land and natural resources shall conduct not less than two public hearings on the island where the public land to be leased for the proposed renewable energy project is located; provided that the notice of the hearing shall be published as provided in section 1-28.5. The board shall prepare and distribute an outline of the proposals for the renewable energy project and receive testimony from interested parties and the general public at each public hearing.
(d) Any action taken by the board upon a proposal subject to this section shall take place on the island where the public land to be leased for the proposed renewable energy project is located.
(e) For any lease issued pursuant to this section, the renewable energy producer shall have the right of first refusal upon renewal of the lease. [L Sp 2009, c 19, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-95.5 Lease to public charter schools.

§171-95.5 Lease to public charter schools.
Notwithstanding any limitations to the contrary, the board may lease to charter schools, at nominal consideration, by direct negotiation and without recourse to public auction, public lands and buildings under the control of the department. Except as provided in this section, the terms and conditions of sections 171-33 and 171-36 shall apply. The lands and buildings leased under this section shall be used by the charter schools for educational purposes only. This section shall not apply to conversion charter schools. [L 2006, c 298, §23]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-96 Lease to foreign governments.

§171-96 Lease to foreign governments.
Notwithstanding any limitations to the contrary, the board of land and natural resources may, with the prior approval of the governor, lease public lands for consulate purposes without recourse to public auction to foreign governments. The manner of disposition and the terms and conditions thereto shall be in accordance with sections 171-33, 171-35 and 171-36. [L 1965, c 239, §31; Supp, §103A-90.1; HRS §171-96]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-97 Definitions.

§171-97 Definitions.
As used in this part:
"Cash freehold" means a right of possession to land under an agreement called a freehold agreement under section 73 of the Hawaiian Organic Act.
"Certificate of occupation" means an instrument preliminary to a homestead lease, giving the applicant possession of land.
"Freeholder" means a person holding land under a freehold agreement.
"Homestead lease" means a lease of land made for a term of nine hundred and ninety-nine years, under provisions of law which were repealed by section 3 of Joint Resolution 12, Session Laws of 1949, ratified by the Congress of the United States by the Act of September 1, 1950 (64 Stat. 572).
"Occupier" means a person entitled to the possession of land under a certificate of occupation. [L 1962, c 32, pt of §2; Supp, §103A-91; HRS §171-97]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-98 Release of restrictions.

§171-98 Release of restrictions.
It being in the public interest, all public land for which any certificate, lease, agreement, or patent has heretofore been issued imposing restrictions against alienation and forfeiture provisions prescribed by Public Law 192, 61st Congress, 2d Session, 36 Statutes at Large 444 (1910), and Public Law 234, 76th Congress, 1st Session, 53 Statutes at Large 1126 (1939), (section 73(g) and 73(h) of the Hawaiian Organic Act), be and the same is hereby wholly released from such restrictions and provisions; provided nothing herein contained shall be construed to defeat or in any way impair the interest of any mortgagee or holder of record having a security interest or owner of vested rights in and to the public land affected by the release aforesaid. Though no form of documentation shall be required to effect the release provided by this section, the board of land and natural resources is authorized to issue to any owner of the land affected by the release, upon payment of such documentary fees as may be provided by the board, an appropriate certificate of release suitable for recording. [L 1962, c 32, pt of §2; Supp, §103A-92; HRS §171-98]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-100 Successor determination program.

§171-100 Successor determination program.
(a) The office of Hawaiian affairs may establish a successor determination program to assist persons with an interest or presumed interest in a nine hundred ninety-nine-year homestead lease to determine their legal interests under the provisions of section 171-99(e).
(b) The successor determination program may provide:
(1) Genealogy data and information;
(2) Assistance and guidance regarding genealogy research;
(3) Research services;
(4) Mediation services; and
(5) Binding and nonbinding arbitration.
(c) The arbitration program shall:
(1) Establish a panel of persons knowledgeable in matters of genealogy who will be available as arbitrators for the arbitration program;
(2) Within one hundred twenty days of April 24, 1995, adopt written procedures under chapter 91 for the conduct of arbitrations under this section; provided that if no such written procedures are adopted within one hundred twenty days, the commercial arbitration rules of the American Arbitration Association shall apply to the extent not inconsistent with this section until such time as other written procedures are adopted; provided further that any proceedings that are commenced under the commercial arbitration rules of the American Arbitration Association shall be completed under those rules;
(3) Provide for notice of the arbitration proceeding in the same manner as required for a probate court determination of heirs;
(4) Provide an opportunity for all persons claiming an interest in the subject nine hundred ninety-nine-year leasehold to participate;
(5) Provide for binding arbitration if all participants who respond to a notice of arbitration indicate that they desire the arbitration to be binding. If any participant fails to indicate, or indicates that the participant desires nonbinding arbitration, the arbitration shall be nonbinding;
(6) Apply section 171-99(e), to determine the legal interests of the participants in the subject nine hundred ninety-nine-year lease;
(7) Provide a written arbitration award setting forth the legal interests of the participants in the subject nine hundred ninety-nine-year lease; and
(8) Conduct arbitrations under and subject to chapter 658A, and subject to confirmation by the circuit court upon application of any participant in the arbitration pursuant to section 658A-22. [L 1995, c 30, §2; am L 2001, c 265, §2]
Note
The amendment made by L 2014, c 218, §8 is not included in this section.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-112 Acquisition.

§171-112 Acquisition.
The board of land and natural resources is authorized to acquire by lease, exchange, direct purchase, or eminent domain private property for disposition for agricultural purposes, including but not limited to agricultural parks. After June 30, 1986, any lands acquired for the foregoing purposes may be designated and set aside under section 171-11 to the department of agriculture upon its request for use as an agricultural park. [L 1972, c 110, pt of §2; am L 1974, c 231, pt of §3(2); am L 1986, c 222, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-117 Public lands; agricultural park lands.

§171-117 Public lands; agricultural park lands.
(a) Public lands may be used for agricultural parks under this part.
(b) Public lands designated or in use as agricultural parks on June 30, 1986, may be set aside under section 171-11 to the department of agriculture upon its request for use as agriculture parks. Notwithstanding any lease term to the contrary, after June 30, 1986, revenues from the rent, use, or maintenance of leased lots in agricultural parks set aside under this subsection shall be deposited into the agricultural park special fund established under section 166-10. [L 1974, c 231, pt of §3(2); am L 1986, c 222, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-121 Molokai forest lands, management program established.

§171-121 Molokai forest lands, management program established.
(a) There is established in the department of land and natural resources a Molokai forest lands management program to accelerate improved management of Molokai forest lands, including improved management in the following areas:
(1) Internal access;
(2) Scheduling of tree harvesting; and
(3) Scheduling of new plantings and replantings by designated areas with priority to harvesting and replanting for sustained yields of fast growing species suitable for energy production known to thrive in this State. Such new planting and replanting shall not include the use of native forest and watershed land.
(b) The board of land and natural resources shall adopt rules under chapter 91 to implement this section. [L 1983, c 250, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-131 Definitions.

§171-131 Definitions.
For the purposes of this part:
"Eligible lessee" means a person who is:
(1) Engaged or proposing to engage in an industrial use; and
(2) Qualified to lease public lands under this chapter.
"Industrial park" means an area of public lands which is designated an industrial park in accordance with this part.
"Industrial use" means the manufacturing, refining, sorting, processing, storing, maintaining, or repairing of materials, substances, products, or equipment.
"Infrastructure" includes water, drainage, sewer, waste disposal, and waste treatment systems, roads, and street lighting. [L 1988, c 361, pt of §1; am L 1991, c 173, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-132 Designation of industrial park.

§171-132 Designation of industrial park.
A contiguous area of not less than five acres of public lands which is classified or otherwise determined by the board as suitable and economically feasible for industrial use may be designated as an industrial park:
(1) By resolution adopted by the board of land and natural resources, and approved by the legislature by concurrent resolution; or
(2) By law. [L 1988, c 361, pt of §1; am L 2002, c 139, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-133 Authority to plan, improve, develop, operate, and maintain industrial parks.

§171-133 Authority to plan, improve, develop, operate, and maintain industrial parks.
The board shall plan, improve, develop, operate, and maintain each industrial park designated pursuant to section 171-132. The planning, improving, developing, operation, and maintenance of an industrial park shall be in accordance with this chapter. [L 1988, c 361, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-135 Joint venture or development agreement.

§171-135 Joint venture or development agreement.
(a) An industrial park may be developed under section 171-134 by the department in partnership or under a development agreement with a federal agency, county, or private party subject to a partnership or development agreement executed by the chairperson of the board; provided that if the industrial park is to be developed in partnership or under a development agreement with a private party, the private party shall be selected in accordance with section 103D-302 or 103D-303. At a minimum, the agreement shall provide for:
(1) A determination by the board that the partnership agreement or the development agreement is for a public purpose;
(2) Long-term assurance that the public land within the industrial park will be utilized for industrial uses;
(3) Final approval by the board of the plans and specifications for the industrial park;
(4) Exclusive authority by the board to issue leases or master leases within the industrial park; and
(5) Conditions to ensure a public benefit from any state funds expended for the industrial park.
(b) Notwithstanding any other provision of law to the contrary, a partnership or development agreement entered into pursuant to subsection (a) may provide for:
(1) The board to issue master leases within an industrial park by negotiation, without regard to the limitations provided in sections 171-16(c) and 171-59(a), to the entity that developed the industrial park or the nominee or nominees of the entity that developed the industrial park; and
(2) A master lease with terms and conditions upon which the master lessee may issue tenant subleases within the industrial park without the consent of the board. [L 1988, c 361, pt of §1; am L 1991, c 173, §2; am L 2002, c 139, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-136 Disposition of public lands within industrial park.

§171-136 Disposition of public lands within industrial park.
The board shall dispose of economic units within an industrial park only by lease to eligible lessees or lessees engaged in commercial uses as provided under paragraph (1)(B). The leases shall be issued by the board in accordance with this chapter, subject to the following:
(1) Only industrial uses shall be allowed on the public lands leased; provided that:
(A) The eligible lessee may be allowed to engage in nonindustrial uses and activities ancillary and necessary to the eligible lessee's industrial use; and
(B) The board may lease public lands within the industrial park for commercial uses if the uses are necessary or desirable to serve other lessees in the industrial park or their employees;
(2) Each eligible lessee shall be subject to a development plan formulated pursuant to section 171-41 and make the improvements to the leased public lands required under the development plan; and
(3) Each eligible lessee shall pay all assessments for improvements of infrastructure or other public or common facilities within the industrial park, if the board requires the improvements or assessments as conditions of the lease. [L 1988, c 361, pt of §1; am L 1991, c 173, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-137 Preference.

§171-137 Preference.
Preference for a lease of public lands within an industrial park shall be given to an eligible lessee who is a small business. For the purpose of this section, "small business" means the same as "small business concern" under section 210-1. [L 1988, c 361, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-139 Acquisition.

§171-139 Acquisition.
The board may acquire by exchange, direct purchase, or eminent domain, lands to which private persons or other public agencies hold title for designation as or inclusion in an industrial park. The acquisition of lands shall be in accordance with this chapter. [L 1988, c 361, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-142 Lease for lessees dislocated by condemnation proceedings.

§171-142 Lease for lessees dislocated by condemnation proceedings.
(a) For purposes of this section:
(1) "Dislocated lessee" means any lessee engaged in commercial or industrial uses who has been or will be displaced from private property which is acquired by the State or any county for public use by the power of eminent domain or threat thereof; and
(2) "Eligible relocation site" means a site in an industrial park created under this chapter or on other state land, designated as an appropriate relocation site for dislocated lessees by law, or by resolution adopted by the board of land and natural resources and approved by the legislature by concurrent resolution.
(b) Notwithstanding any law to the contrary, any dislocated lessee shall have the right of first refusal to enter into a lease for an eligible relocation site.
(c) The board shall issue a lease to a dislocated lessee for an eligible relocation site under mutually agreeable terms, conditions, and lease rent. The lease shall be issued through negotiations, without regard to the limitations set forth in section 171-16(c) and section 171-59(a). The terms, conditions and rent under the lease shall be in conformance with chapter 171, and the board shall include lease covenants in each lease for the placement and construction of improvements in accordance with minimum standards established by applicable county building codes.
(d) The board shall negotiate in good faith with each dislocated lessee. If the board and dislocated lessee cannot agree to a lease within one hundred and eighty days from the date the dislocated lessee receives notice of the availability of an eligible relocation site, the board shall have no further obligation to negotiate with or issue a lease to the dislocated lessee for that economic unit, and may issue a lease for the economic unit to another person after the one hundred and eighty-day period according to the provisions of chapter 171. [L 1990, c 274, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-143 Rate policy.

§171-143 Rate policy.
The board may:
(1) Charge fees to eligible lessees of public lands within industrial parks in an amount sufficient to cover the costs of operation, maintenance, and debt service on revenue bonds and reasonable reserves, in compliance with part III of chapter 39; and
(2) Charge eligible lessees as may be necessary to cover capital costs or other costs incurred in connection with the industrial parks. [L 1994, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-144 Issuance of revenue bonds.

§171-144 Issuance of revenue bonds.
(a) The board may issue revenue bonds in the name of the department in such amounts as may be authorized by the legislature. Except as provided in this chapter, all revenue bonds shall be issued pursuant to part III of chapter 39 to finance, in whole or in part, the costs of construction, acquisition, or maintenance of any industrial park and to pledge or assign for the punctual payment of the revenue bonds, and interest thereon, any and all revenues derived from any industrial park or parks undertaken by the board, in an amount sufficient to pay the principal and interest of the revenue 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 preparation for the issuance of the revenue bonds. The board may take any other appropriate action in connection with the issuance of revenue bonds.
(b) All revenue bonds issued pursuant to this chapter shall be issued in the name of the department and not in the name of the State.
(c) The board, with the approval of the governor, may designate by resolution one or more industrial parks undertaken pursuant to this chapter as an "undertaking" as defined in section 39-51 and for purposes of part III of chapter 39. [L 1994, c 162, pt of §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-151 Definitions.

§171-151 Definitions.
For the purposes of this part:
"Beach lands" means all lands in the shoreline area including sand, rocky, or cobble beaches, dune systems, landward and seaward sand reserves, and all such lands subject to the natural processes of erosion and accretion. The term includes easements and rights in such land and any improvements on land.
"Beach restoration" means the placement of sand, with or without stabilizing structures, on an eroded beach from an outside source such as offshore sand deposits, streams, channels or harbor mouths, or an upland sand quarry.
"Coastal lands" means all land within the state coastal zone management area; provided that any leasing or development of public lands shall be limited to all fast lands up to one mile mauka of the shoreline and all submerged lands. [L 1999, c 84, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-152 General powers.

§171-152 General powers.
(a) In carrying out its functions under this part, the board may do all things necessary, useful, and convenient in connection with the restoration of beach lands, subject to all applicable laws, and may provide any necessary assistance to any county or nongovernmental organization in the restoration of beach lands so long as the public interest is served; provided that for beach restoration on privately-owned lands, the board shall be required to obtain authorization from affected property owners.
(b) The board or the board's designee, subject to this chapter and chapters 183C and 205A, shall maintain and manage beach lands restored pursuant to this part as well as a beach restoration plan described in section 171-153, subject to available funds. [L 1999, c 84, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-153 Beach restoration plan.

§171-153 Beach restoration plan.
The department shall prepare and, from time to time, revise plans for the restoration of beach lands of the State. These plans shall guide the board in identifying those beach lands in need of restoration which have been degraded as a result of natural or human actions and shall designate suitable coastal lands for the purpose of generating revenues to carry out the purposes of this section. In preparing these plans, the department may institute studies pertaining to the need for restoration of such lands and shall consider any plan relating to the restoration of such lands that has been prepared by any federal, state, county, or private agency or entity. The department may also institute other studies as necessary to support the development of beach restoration projects, including the development of socioeconomic profiles, environmental studies pertaining to sand source analysis, and ecological effects of beach restoration, cost-benefit analysis for project viability, and coastal engineering studies including data gathering. [L 1999, c 84, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-154 Authority to lease coastal lands.

§171-154 Authority to lease coastal lands.
The board, subject to this chapter, may lease public coastal lands under the board's jurisdiction for the purpose of generating revenues to be deposited into the beach restoration [special] fund. Any terms and conditions imposed by the board on the lessee shall run with the land and shall be binding on the lessee's heirs, successors, and assigns. The board may seek enforcement of such terms and conditions in any court of appropriate jurisdiction. [L 1999, c 84, pt of §2]
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 › 171. Public Lands, Management and Disposition of › 171-155 Development of public coastal lands.

§171-155 Development of public coastal lands.
On the lands subject to this part, the board may undertake appropriate development to generate revenues for beach restoration which is consistent with this chapter and chapters 183C and 205A and other applicable laws. These revenues shall be deposited in the beach restoration [special] fund. 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, fast or submerged; or
(3) The division of land into two or more parcels. [L 1999, c 84, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-156 Beach restoration special fund.

§171-156 Beach restoration special fund.
(a) There is established in the state treasury a special fund to be designated as the "beach restoration special fund" to carry out the purposes of this part. The following moneys shall be deposited into the beach restoration special fund:
(1) Proceeds from the lease or development of public coastal lands designated pursuant to a beach restoration plan, subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959;
(2) Proceeds from the lease of public lands pursuant to this part for an existing seawall or revetment;
(3) Fines collected for unauthorized shoreline structures on state submerged land or conservation district land;
(4) Appropriations made by the legislature for deposit into this fund;
(5) Donations and contributions made by private individuals or organizations for deposit into this fund;
(6) Fees collected for the processing of applications for coastal and beach erosion control projects; and
(7) Grants provided by governmental agencies or any other source.
(b) The beach restoration special fund may be used by the department for one or more of the following purposes:
(1) Planning, designing, development, or implementation of beach restoration projects pursuant to this part; and
(2) Providing grants to the counties, nongovernmental organizations, and the University of Hawaii for the restoration of beach lands and for research or engineering studies necessary to support beach restoration projects, subject to this part. [L 1999, c 84, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-171 Reimbursable general obligation bonds for conservation easement and other real property interests in Turtle Bay, Oahu.

Revision Note
Part heading added by revisor pursuant to §23G-15.
§171-171 Reimbursable general obligation bonds for conservation easement and other real property interests in Turtle Bay, Oahu.
(a) The department of budget and finance shall issue reimbursable general obligation bonds for the department of land and natural resources to acquire a conservation easement and other real property interests in Turtle Bay, Oahu, for the protection, preservation, and enhancement of natural resources, while maintaining public access, as important to the State. The public shall have perpetual public access to said conservation easement. The conservation easement shall be in compliance with chapters 171 and 198. The other real property interests shall be in compliance with chapter 171.
(b) For the purpose of this section, the acquisition of the conservation easement and other real property interests shall be deemed an undertaking under chapter 39.
(c) The reimbursable general obligation bonds issued to acquire the conservation easement and other real property interests shall be payable from the transient accommodations tax revenues allocated to the Turtle Bay conservation easement special fund established by section 171-172 and from moneys from the land conservation fund. The transient accommodations tax revenues and moneys from the land conservation fund are and shall be deemed user taxes. The revenues allocated shall be deemed user taxes pursuant to chapter 39 for the undertaking.
(d) The reimbursable general obligation bonds shall be issued in accordance with chapter 39. [L 2015, c 121, pt of §2]
Cross References
Land conservation fund, see §173A-5.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-172 Turtle Bay conservation easement special fund.

§171-172 Turtle Bay conservation easement special fund.
(a) There is established the Turtle Bay conservation easement special fund to be administered by the department of land and natural resources.
(b) Transient accommodations tax revenues allocated to the Turtle Bay conservation easement special fund pursuant to section 237D-6.5 and moneys from the land conservation fund shall be deposited into the special fund. All interest earned on the moneys in the special fund shall be credited to the special fund.
(c) Moneys in the Turtle Bay conservation easement special fund shall be expended to reimburse the state general fund for payment of debt service on reimbursable general obligation bonds issued to acquire the conservation easement and other real property interests in Turtle Bay, Oahu.
(d) The Turtle Bay conservation easement special fund shall be exempt from the central service expenses of section 36-27 and departmental administrative expenses of section 36-30.
(e) Upon reimbursement to the state general fund of all debt service on reimbursable general obligation bonds issued to acquire the conservation easement in Turtle Bay, Oahu, any unencumbered and unexpended moneys in the Turtle Bay conservation easement special fund shall be transferred to the general fund. [L 2015, c 121, pt of §2; am L Sp 2021, c 1, §17]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-173 Turtle Bay appraisal and due diligence.

§171-173 Turtle Bay appraisal and due diligence.
Any appraisal and due diligence completed by the Hawaii tourism authority may be used by the department of land and natural resources for the acquisition of the Turtle Bay conservation easement and other real property interests. [L 2015, c 121, pt of §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-174 Lease of Turtle Bay lands.

§171-174 Lease of Turtle Bay lands.
Notwithstanding any law to the contrary, the board of land and natural resources may, without public auction, lease lands purchased in fee simple pursuant to section 171-171, to the grantor of the conservation easement or its successor in interest. The purpose of the lease shall be for the protection, preservation, and enhancement of natural resources, while maintaining public access. The lease rental shall be on a nominal basis, shall not exceed a term of sixty-five years, and be upon such other terms and conditions as the board may determine. [L 2015, c 121, pt of §2]