reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-50.1 Acquisition of lands for exchange under chapter 516.

§171-50.1 Acquisition of lands for exchange under chapter 516.
The board may acquire private lands by negotiated purchase to be exchanged to effect the conversion of leasehold lands to fee simple ownership under section 171-50.2. The legislature declares that such acquisition is for the public purpose of encouraging home ownership on as widespread a basis as possible. [L 1975, c 184, pt of §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-50.2 Exchanges for conversion of leasehold lands to fee simple ownership.

§171-50.2 Exchanges for conversion of leasehold lands to fee simple ownership.
The board may exchange public lands for private lands to be condemned or involuntarily sold pursuant to chapter 516. An exchange shall be requested by the executive director of the Hawaii housing finance and development corporation and shall be effected in conformity with section 171-50; provided that an exchange shall be subject to legislative approval; provided further that the private lands conveyed to the State shall be disposed of pursuant to chapter 516; and provided further that lands exchanged need not be of like-kind or comparable use; provided further that no lands classified as conservation shall be exchanged for private lands. [L 1975, c 184, pt of §3; am L 1987, c 337, §7(2); am L 1997, c 350, §14; am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2014, c 146, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-51 Quitclaim.

§171-51 Quitclaim.
The board of land and natural resources may, after giving public notice as required in section 171-16(d):
(1) Quitclaim public lands by deed or land patent in exchange for deeds of private lands by way of compromise or equitable settlement of rights of claimants without auction;
(2) Execute quitclaim deeds quitclaiming any and all interests of the State in private land for the purpose of perfecting title to such private land in private individuals who have defective titles; provided that no quitclaim may issue where the title to private land is subject to reversion to the State or to a right of entry by the State upon breach of condition subsequent or where the title to the private land is conveyed by the State for specific uses or purposes; provided further that no exchange or quitclaim may be entered into or made where the interest of the State arises by reason of any provision in a deed or patent issued by the State, which prescribes the specific use to which the land may be put or the specific purpose for which the land was conveyed; provided further that any exchange or quitclaim shall be subject to disapproval by the legislature by a 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 the exchange or quitclaim. [L 1962, c 32, pt of §2; am L 1965, c 239, §26; Supp, §103A-48; am L 1967, c 234, §3; HRS §171-51]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-52 Remnant.

§171-52 Remnant.
(a) Definition. The term "remnant" means a parcel of land economically or physically unsuitable or undesirable for development or utilization as a separate unit by reason of location, size, shape, or other characteristics. A remnant may be:
(1) Land acquired by condemnation which is in excess of the needs for which condemned;
(2) Vacated, closed, abandoned, or discontinued road, street or alley or walk, railroad, ditch, or other right-of-way.
(b) Disposition restriction. No parcel shall be disposed of as a remnant solely for the reason that it lacks an adequate access.
(c) Disposition. Remnants or portions thereof may be disposed of by the board of land and natural resources without recourse to public auction in the manner set forth herein. Any remnant or portion thereof to be disposed of shall be first offered for sale to the abutting owner for a reasonable period of time at a reasonable price based on appraised value. In the event that one abutting landowner lacks access to a street, and such access can be secured by disposition of the remnant, such remnant shall be first offered for sale to such abutting owner, or subdivided so as to protect the access of all abutting landowners. If there is more than one abutting owner who is interested in purchasing the remnant, it shall be sold to the one submitting a sealed bid containing the highest offer above the appraised value. If the remnant abuts more than one parcel, the board may subdivide the remnant so that a portion thereof may be sold to each abutting owner at the appraised value; provided that no remnant shall be sold to any abutting owner unless the remnant, when combined or consolidated with the abutting property, shall constitute a lot acceptable to the appropriate agency of the county in which the remnant lies; and provided further that appropriate language shall be included in any document of conveyance of such remnant to assure use of the remnant in accordance with the applicable ordinances, rules, and regulations of the county concerned.
(d) Appraisal. The value of the remnant or portion thereof shall be appraised by an independent appraiser, which appraisal shall take into consideration the limited market for the remnant and the resulting enhancement to an abutting owner's property by the addition of the remnant. The value of a remnant or portion thereof which is surplus to state highway requirements and is in the inventory of such surplus remnants as of December 31, 1981, may be appraised by an employee of the State qualified to appraise lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §27; Supp, §103A-49; HRS §171-52; am L 1976, c 12, §1; am L 1977, c 3, §1; am L 1982, c 6, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-54 Land license.

§171-54 Land license.
The board of land and natural resources may issue land licenses affecting public lands for a period not exceeding twenty years. No land license shall be disposed of except at public auction as provided in this chapter; provided that the board may, after publication of notice in accordance with section 171-16(d), dispose of a land license by negotiation, without recourse to public auction, if it determines that the public interest will best be served thereby. The disposition of a land license by negotiation shall be upon such terms and conditions as the board determines shall best serve the public interest. [L 1962, c 32, pt of §2; am L 1965, c 239, §29; Supp, §103A-51; am L 1967, c 234, §9; HRS §171-54]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-55 Permits.

§171-55 Permits.
(a) Notwithstanding any other law to the contrary, the board of land and natural resources may issue permits for the temporary occupancy of state lands or an interest therein on a month-to-month basis by direct negotiation without public auction, under conditions and rent which will serve the best interests of the State, subject, however, to those restrictions as may from time to time be expressly imposed by the board. A permit on a month-to-month basis may continue for a period not to exceed one year from the date of its issuance; provided that the board may allow the permit to continue on a month-to-month basis for additional one year periods.
(b) In each emergency permit for the installation of a sandbag, the board shall include as a condition a requirement for the attachment of identifying information, including the permittee's contact information and the permit number, to the sandbag. The board shall specify the form and manner in which the identifying information shall be attached to the sandbag. [L 1962, c 32, pt of §2; Supp, §103A-52; am L 1967, c 234, §11; HRS §171-55; am L 1990, c 90, §1; am L 2022, c 209, §1]
Law Journals and Reviews
A Voice for the Waters of East Maui. 43 UH L. Rev. 166 (2020).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-55.5 Agricultural plots.

§171-55.5 Agricultural plots.
The department of land and natural resources, in cooperation with the department of agriculture and the city and county of Honolulu, shall adopt rules in accordance with chapter 91 to allow for use of vacant public lands for farming or agricultural recreation. [L 1974, c 243, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-56 Contract or license for concessions or concession space.

§171-56 Contract or license for concessions or concession space.
The board of land and natural resources may, subject to chapter 102, dispose of concessions, as defined in chapter 102, and shall enter into contracts or issue licenses for such concessions; provided that the duration of the contract or license shall be related to the investment required, but in no event to exceed twenty-five years. [L 1962, c 32, pt of §2; am L 1963, c 93, §4; Supp, §103A-53; am L 1967, c 189, §5; HRS §171-56; am L 2022, c 163, §3]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-57 Reserved rights and easements.

§171-57 Reserved rights and easements.
Notwithstanding any limitations to the contrary, where public land is disposed of with reservation in the State of quarry rights to rock, sand or gravel or an easement, and if the board of land and natural resources finds that a disposition of the reserved right or easement is not prejudicial to the best interest of the State, community or area in which the land is situated, it may, after giving public notice of the intended disposition as provided in section 171-16(d), dispose of the reserved right or easement to the owner of the land by direct sale or by lease without public auction. [L 1962, c 32, pt of §2; am L 1965, c 239, §5; Supp, §103A-54; am L 1967, c 234, §3; HRS §171-57; am L 1971, c 18, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-58.5 Prohibitions.

§171-58.5 Prohibitions.
The mining or taking of sand, dead coral or coral rubble, rocks, soil, or other marine deposits seaward from the shoreline is prohibited with the following exceptions:
(1) The inadvertent taking from seaward of the shoreline of these materials, such as those inadvertently carried away on the body, and on clothes, toys, recreational equipment, and bags;
(2) For the replenishment or protection of public shoreline areas and adjacent public lands seaward of the shoreline, or construction or maintenance of state approved lagoons, harbors, launching ramps, or navigational channels with a permit authorized under chapter 183C;
(3) The clearing of these materials from existing drainage pipes and canals and from the mouths of streams including clearing for the purposes under section 46-11.5; provided that the sand removed shall be placed on adjacent areas unless this placement would result in significant turbidity;
(4) The cleaning of areas seaward of the shoreline for state or county maintenance purposes including the purposes under section 46-12; provided that the sand removed shall be placed on adjacent areas unless the placement would result in significant turbidity;
(5) The exercise of traditional cultural practices as authorized by law or as permitted by the department pursuant to article XII, section 7, of the Hawaii State Constitution; or
(6) For the response to a public emergency or a state or local disaster. [L 1988, c 375, §2; am L 1989, c 356, §3; am L 1995, c 11, §3 and c 69, §2; am L 2013, c 120, §1]
Cross References
Mining or taking of sand, etc., see §205A-44.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-61 Cancellation, surrender.

§171-61 Cancellation, surrender.
When public land is disposed of with a building requirement and, thereafter, prior to the erection of the building, the land becomes or is discovered to be unfit for the erection of the building, or by change of conditions it becomes impossible or impractical to erect the building, the board of land and natural resources may cancel the disposition, repossess the land, and return to the party from the special land and development fund, notwithstanding the order of priority set forth, the aggregate amount of principal and interest theretofore paid by the party.
Whenever land or a portion thereof under lease can be re-leased or sold for a higher and better use, or for the existing use to a greater economic benefit to the State, the board, subject to the consent of the lessee, the lessee's successors, or assigns, and each holder of record having a security interest, may cancel the lease without compensation to the lessee or withdraw a portion of the land from the lease and re-lease or sell the same; provided that in the event of withdrawal of a portion, the board may in its discretion allow a proportionate reduction in rent; and provided further that in the event buildings and improvements have been erected by the lessee, as permitted under the lease, on the land or portion thereof under lease affected by the cancellation or withdrawal, the board shall pay to the lessee a sum not to exceed the replacement value, less depreciation at the rates used for real property tax purposes. [L 1962, c 32, pt of §2; Supp, §103A-57; am L 1967, c 234, §12; HRS §171-61; am L 1973, c 49, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-62 Sales; payment, default.

§171-62 Sales; payment, default.
When the board of land and natural resources is authorized to sell, it may do so upon part credit and part cash, the balance to be paid in stated installments, and deliver possession of the premises under an agreement of sale. The rate of interest on the agreement of sale shall not exceed the current rate of interest. Upon payment of the purchase price, plus interest, and upon due performance of the conditions of the sale, the purchaser shall be entitled to a land patent or a deed to the premises.
If any default is made in payment or in the performance or observance of any condition of sale, the sale or agreement of sale shall be forfeited upon notice of default by the board as provided in section 171-20. [L 1962, c 32, pt of §2; Supp, §103A-58; HRS §171-62]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-63 Waiver of restrictions.

§171-63 Waiver of restrictions.
(a) Use. Upon application by the owner and consent therefor having been given by each holder of record having a security interest, and after a finding that the public interest will be served thereby, the board of land and natural resources may amend or waive the conditions restricting the use of land contained in any agreement of sale, deed, or patent upon the condition that the grantee or patentee pay to the board the difference between the fair market value of the land based upon its restricted use and the fair market value with the restrictive condition amended or waived. The foregoing authority granted to the board shall not be construed to authorize the board to waive the condition contained in any agreement of sale, deed, or patent which provides that upon change in use or breach of a condition, the title automatically reverts back to the State, or the State shall have power of termination.
(b) Residential lots. In case of a residential lot, the board, subject to the consent of each holder of record having a security interest, may waive strict adherence to the use thereof for residential purposes, if the owner or lessee desires to utilize part of the land for agricultural purposes together with the owner's or lessee's residence, provided that the agricultural use is not inconsistent or contrary to local applicable health or zoning ordinances and upon the condition that the grantee or patentee pay to the board the difference between the fair market value of the land based upon its restricted use and the fair market value with the restrictive condition amended or waived. The foregoing authority granted to the board shall not be construed to authorize the board to waive the condition contained in any agreement of sale, deed, or patent which provides that upon change in use or breach of a condition, the title automatically reverts back to the State, or the State shall have power of termination. Anything in this chapter to the contrary notwithstanding, in case of a residential lot sold in fee simple:
(1) All restrictions relating to the use thereof shall expire ten years after the date of the issuance of the patent or deed by the State or fifteen years after the date of the sale by the State, whichever is sooner, provided that any change in use of the lot after the ten or fifteen years, as the case may be, shall be in accordance with applicable state and county zoning requirements; and
(2) Upon an application signed by all land owners in the subdivision, the board may waive any restrictive covenant upon the land, as long as the waiver shall not cause a violation of any state or county zoning requirements. [L 1962, c 32, pt of §2; Supp, §103A-59; am L 1967, c 234, §13; HRS §171-63; gen ch 1985; am L 1992, c 168, §1]
Case Notes
Restrictive covenant pertaining to height did not expire; term "use" refers to the use of the property for residential purposes. 70 H. 321, 770 P.2d 414 (1989).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-64 Covenants against discrimination.

§171-64 Covenants against discrimination.
The board of land and natural resources shall provide in every patent, deed, lease, agreement, license, or permit that the use and enjoyment of the premises being granted shall not be in support of any policy which discriminates against anyone based upon race, creed, color, national origin, sex or a physical handicap. The board shall not dispose of any public land to any person who practices discrimination based upon race, creed, color, national origin, sex or a physical handicap. As used in this section "physical handicap" means a physical impairment which substantially limits one or more of a person's major life activities. [L 1962, c 32, pt of §2; am L 1965, c 239, §6; Supp, §103A-60; HRS §171-64; am L 1976, c 159, §1; am L 1981, c 116, §7]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-64.5 Nonconventional uses; department of health; approval and authorization; Waimano ridge.

§171-64.5 Nonconventional uses; department of health; approval and authorization; Waimano ridge.
The department of health shall provide at least ninety days notification to the affected neighborhood boards and legislators that represent the district where Waimano ridge is located, and obtain the approval of the governor prior to new uses or the expanded use of the land as a sex offender treatment facility, drug treatment facility, state laboratory, or other uses. [L Sp 2005, c 7, §2]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-65 Leases, leases with option to purchase, sales permitted; when.

§171-65 Leases, leases with option to purchase, sales permitted; when.
Land intended for disposition as farm lot for truck crops or for horticultural, pasture, or special livestock use, may be disposed of by lease, lease with option to purchase, or in fee simple. Such disposition may be by drawing of lot, without recourse to public auction, notwithstanding any other provision in this chapter to the contrary; provided that the right to any values in the land not attributable to these agricultural uses shall be reserved to the State.
Dispositions under this section shall be made only to individuals who satisfy the requirements established by the board and then only if the individual, either oneself or whose spouse, or both, does not already own lands of comparable use in the State; provided that the ownership by the individual or the individual's spouse of lands of comparable use shall not be a disqualification in applying for a lease within an agricultural park. [L 1962, c 32, pt of §2; Supp, §103A-61; HRS §171-65; am L 1974, c 231, §3(1); am L 1975, c 121, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-66 Planning.

§171-66 Planning.
In addition to the requirements set forth in sections 171-33 and 171-34, prior to making these dispositions, the board of land and natural resources shall:
(1) Determine the economic feasibility and need for proposed disposition;
(2) Determine the minimum economic unit required for the successful undertaking of the specific use intended, taking into consideration soil fertility, soil condition, and availability of water; and
(3) Subdivide the land into economic units and make such improvements as are necessary in conformity with applicable county or city and county zoning and subdivision requirements, including the construction of necessary roads and irrigation facilities. [L 1962, c 32, pt of §2; Supp, §103A-62; HRS §171-66]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-67 Restrictions; conditions.

§171-67 Restrictions; conditions.
In addition to such other restrictions or conditions that may be established by the board of land and natural resources to carry out the purpose of this chapter and of the provisions of the state constitution, all sale, lease, or lease with option to purchase, of a farm lot shall be subject to the following conditions, which shall be covenants running with the land:
(1) The lot shall be used for farm purposes only;
(2) The purchaser or lessee shall reside on the premises granted; provided that with the consent of the board, the purchaser or lessee may live off the premises if the purchaser's or lessee's residence is within a reasonable distance therefrom;
(3) The purchaser or lessee shall derive the major portion of the purchaser's or lessee's total annual income from the production of the crops or products for which production the land is granted to the purchaser or lessee; provided that this restriction shall not apply if the purchaser or lessee becomes enfeebled or is widowed;
(4) In the case of a lease, those provisions set forth in sections 171-35, 171-36 and 171-37, unless otherwise specifically provided in this section;
(5) In the case of a fee simple sale, the improvement required and the specific use or uses intended;
(6) For a period of five years after the issuance of a patent or lease, the purchaser or lessee shall not sell, sublet, assign, transfer, or in other manner dispose or encumber the whole or any part of the farm lot to any person not qualified to take a farm lot except by way of mortgage, testamentary bequest or devise, intestate succession, or except to a purchaser at or after sale upon the foreclosure of a mortgage.
The violation of any of such restrictions or conditions shall be sufficient for the board, upon failure of the purchaser or lessee within a reasonable period of time to remedy the default after notice thereof as provided in section 171-20 to take possession of the premises without demand or previous entry and with or without legal process and thereby determine the estate, subject to the provisions contained in section 171-21. [L 1962, c 32, pt of §2; am L 1965, c 239, §33; Supp, §103A-63; HRS §171-67; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-68 Applicants; qualifications of.

§171-68 Applicants; qualifications of.
(a) A person shall be eligible to apply for a farm if the person has the qualifications as follows:
(1) The person has been a resident in the State at any time for at least three years;
(2) The person is a bona fide farmer:
(A) Who has not less than two years' experience as a full-time farmer; or
(B) Who was an owner-operator of an established farm conducting a substantial farming operation and who for a substantial period of the person's life resided on a farm or depended on farm income for the person's livelihood; or
(C) Who has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the person's application obtained the major portion of the person's income from farming operations; or
(D) Who has a college degree in agriculture; or
(E) Who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm; or
(F) Who has qualified for and received a commitment for a loan under the Bankhead-Jones Farm Tenant Act as amended, or as may hereafter be amended, for the acquisition of a farm; or
(G) Who is displaced from employment in an agricultural production enterprise; or
(H) Who is a member of the Hawaii Young Farmer Association or a Future Farmer of America graduate with two years of training with farming projects; or
(3) The person meets such other qualifications as the board of land and natural resources may prescribe pursuant to section 171-6.
(b) No person shall be entitled to apply for a farm:
(1) Who, or whose husband or wife, has previously taken or held land for farm or homesteading under any certificate, lease, or agreement or under any homestead lease or patent based thereon; or
(2) Who, or whose husband or wife, or both of them, owns in fee simple other land in the State, the combined area of which with the land in question exceeds eighty acres; provided that:
(A) The ownership of a residence lot or tract, not exceeding three acres in area, shall not disqualify any person otherwise qualified from applying for and receiving any form of farm;
(B) Any person who would otherwise qualify to take a farm lot shall not be disqualified by reason of taking, holding or owning land for farm or homesteading or otherwise, if the land so taken, held or owned becomes unusable for the purpose of farming as defined in section 171-65.
(c) The terms "farm" and "farmer" as used herein also mean ranch and rancher respectively for the purposes of this section. [L 1962, c 32, pt of §2; am L 1965, c 239, §34; Supp, §103A-64; HRS §171-68; am L 1975, c 135, §2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-69 Preference right.

§171-69 Preference right.
Any person otherwise qualified to take a farm lot shall have preference in any drawing for farm lots, if the person:
(1) Is a veteran (defined herein as a person who served in the military forces of the United States during any war between the United States and any other nation and who was discharged or released therefrom under conditions other than dishonorable); or
(2) Has, within a period of not longer than five years prior to the filing of the person's application, been an owner in possession, or a lessee in possession having an unexpired lease term of more than one year, of farm premises which were taken by any governmental authority for any public purpose and who was displaced by reason of the taking or which became unusable for farm purposes because the use was declared a public nuisance or was displaced by reason of a natural disaster. [L 1962, c 32, pt of §2; Supp, §103A-65; HRS §171-69; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-70 Findings and declaration of necessity.

§171-70 Findings and declaration of necessity.
It is hereby found and declared that:
(1) There is a shortage within the State of lands suitable for residential use, available to persons whose incomes and circumstances are such that they do not qualify for or do not require publicly provided low-rent housing accommodations and who are able to secure financing for the construction of their own homes, but who are unable through lack of sufficient financial ability to purchase land in fee simple or to pay the premiums for the rentals under leases offered by private landowners;
(2) This group includes persons whose residential property has been taken for public purposes and who, while they have received the full and fair value of their property, by purchase or condemnation, are unable to replace the property taken with the proceeds paid or other available funds because of the shortage of similar property in the community;
(3) This group also includes those persons who are in low-rent housing accommodations and are discouraged from increasing their annual income for fear that they may forfeit their low-rent public housing;
(4) Experience has demonstrated that when public lands are subdivided and sold in fee simple at public auction, for residential use, the demands for residential property have forced the price of such lands beyond the financial reach of the persons previously mentioned, and that neither the program of opening public lands for sale in fee simple as residence lots, nor the programs for providing low-rent public housing, for urban redevelopment or for urban renewal are adequate or designed to provide the opportunity for such persons to provide themselves with decent, safe, sanitary, and uncongested residence accommodations consistent with their financial ability and necessary to provide the environment conducive to promoting their own and their children's good citizenship;
(5) To alleviate this shortage of land suitable for residential use, to promote home ownership on as widespread a basis as possible, and to promote the accomplishment of the purposes of the programs for public low-rent housing, urban redevelopment and urban renewal, including the elimination of slum and other conditions detrimental to the public health, safety, and welfare, it is necessary that public lands be made available on terms within the financial means of those residents who, because of the shortage before mentioned, are unable to purchase public or private lands in fee simple or to lease private lands for use for residential purposes. Making public lands available for such purposes, pursuant to this part, is hereby declared to be a public purpose. [L 1962, c 32, pt of §2; Supp, §103A-66; HRS §171-70]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-71 Definitions.

§171-71 Definitions.
As used in this part if not inconsistent with the context:
"Appraisers" means one or more, but not more than three, real estate appraisers appointed by the board.
"Lessee" means the lessee under a residential lease and the successors in interest of the lessee.
"Person" means one or more individuals and does not include any partnership, firm, or corporation.
"Residential lease" or "lease" means a residential lease made by the board of land and natural resources under this part. [L 1962, c 32, pt of §2; Supp, §103A-67; HRS §171-71]
Revision Note
Definitions rearranged.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-72 Subdivision, improvement and lease of public lands.

§171-72 Subdivision, improvement and lease of public lands.
Any public land suitable for residential use, including single-family, multiple-family, apartment, cluster, and row housing and situated in a locality suitable for the general type of residential construction anticipated by the board of land and natural resources, may be subdivided and improved in accordance with this part; provided that any such lands being subdivided for single-family residence shall be subdivided into lots of not less than five thousand square feet and not more than fifteen thousand square feet. The subdivision shall comply with appropriate county or city and county zoning and subdivision requirements; provided that the board may put in such other improvements as may be necessary or desirable. The lots in the subdivision may be leased by the board under residential leases without public auction to persons qualified thereunder, without public notice or advertising, other than as required by this part. [L 1962, c 32, pt of §2; Supp, §103A-68; HRS §171-72]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-74 Qualifications of lessees.

§171-74 Qualifications of lessees.
To qualify for a residential lease under this part, the lessee shall:
(1) Be of legal age and have at least one person, related to the lessee by blood or marriage and solely dependent upon the lessee for support, who will occupy the premises with the lessee; provided that this requirement shall not apply to a husband and wife or to reciprocal beneficiaries who are joint lessees, even if both are employed;
(2) Be a citizen and a resident of the State for not less than five years immediately preceding the issuance of the lease;
(3) Have a gross income not in excess of $20,000 a year, including the gross income of the lessee's spouse or reciprocal beneficiary. In determining gross income, the standard income tax exemption for each of the lessee's dependents, as determined by the income tax laws of the State, shall be allowed; and
(4) Have such other qualifications as may be established by the board of land and natural resources.
Any person who, after taking a residential lease, through change or circumstances, loses the qualifications initially required of the person or becomes disqualified to take a residential lease, shall not thereby be required to surrender the person's residential lease, but shall be entitled to continue to hold the same. [L 1962, c 32, pt of §2; Supp, §103A-70; HRS §171-74; am L 1970, c 184, §5; gen ch 1985; am L 1997, c 383, §35]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-75 Persons disqualified to take residential leases.

§171-75 Persons disqualified to take residential leases.
No person shall be qualified to take a residential lease under this part who, or whose husband or wife, or both of them:
(1) Has previously taken from or held under the Territory or State any certificate of occupation, right of purchase lease, cash freehold agreement, special homestead agreement or homestead lease, or patent based on any of the foregoing, or has previously taken residential lease or patent or deed to any residential lot under this part; provided that a person who has previously taken from or held under the Territory or State or under this part any such certificate, lease, agreement, patent, or deed to any land shall not be disqualified, if the person has been displaced at any time from the land by governmental authority for any public purpose or by reason of any natural disaster;
(2) Owns other land in the State suitable for residential use;
(3) Owns other land not suitable for residential use if the value thereof exceeds the value of the residence lot applied for;
(4) Is the lessee under a lease having an unexpired term of more than five years of other land in the State suitable for residential use and which lease does not prohibit the lessee from using the land for such purposes;
(5) Had voluntarily sold or otherwise disposed of, within one year prior to the filing of the person's application, any land or lease described in (2), (3) and (4). [L 1962, c 32, pt of §2; Supp, §103A-71; HRS §171-75; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-76 Preference right to residential lease.

§171-76 Preference right to residential lease.
In any drawing to determine the person to whom a residential lease is to be made, preference shall be given to an otherwise qualified person, who has:
(1) Within a period of not longer than five years prior to the filing of the person's application for a residential lease, been an owner in possession, or a lessee in possession having an unexpired lease term of more than one year, of residential premises which were taken by any governmental authority for any public purpose and who was displaced by reason of such taking; or
(2) Been displaced by reason of any natural disaster as defined in section 171-85.
After the above preference, any person who is a citizen of the United States and who is otherwise qualified shall be given preference over non-citizens. [L 1962, c 32, pt of §2; Supp, §103A-72; HRS §171-76; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-77 Transfers of title by bequest, devise, intestate succession, or by operation of law, and upon foreclosure.

§171-77 Transfers of title by bequest, devise, intestate succession, or by operation of law, and upon foreclosure.
Notwithstanding the prohibitions contained in section 171-73, title to a residential lease or to the fee of the premises if purchased by the lessee, and to the improvements upon the premises, may be transferred only by testamentary bequest or devise, intestate succession, or otherwise by operation of law. No person, corporation, or agency of government, disqualified under section 171-74 or 171-75 to take a residential lease, may succeed to and take title to a residential lease and improvements, except by such transfer or by purchasing at or after a sale upon a foreclosure of a mortgage permitted by this part.
If the lessee purchases the fee as provided in section 171-79, no person, corporation, or agency of government, disqualified under sections 171-74 and 171-75, may, without the express written consent of the board of land and natural resources, within the ten-year period following the issuance to the lessee of a patent or deed in fee simple to the premises, succeed to and take the fee title to the premises formerly leased, and improvements, except by testamentary bequest or devise, intestate succession, or otherwise by operation of law, or by purchasing at or after a sale upon the foreclosure of a mortgage permitted by this part. [L 1962, c 32, pt of §2; am L 1965, c 239, §7; Supp, §103A-73; HRS §171-77]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-78 Notice; drawing.

§171-78 Notice; drawing.
No residential lease shall be made unless notice of the board of land and natural resources' intention to lease, with such details concerning the intended lease and method of application for the lease as the board deems necessary or desirable, is published as provided in section 171-16(b). The person entitled to the lease shall be determined by drawing from among the qualified applicants who have submitted evidence satisfactory to the board of loan commitments, still in force, from recognized lending institutions to finance the construction of a residence upon the premises. Only those who are entitled to preference may participate in the drawing, and one of them shall be entitled to the lease of the lot offered, or if more than one lot is offered, they shall have their choice among the lots offered, according to the numbers drawn by them. If there are more lots than qualified applicants entitled to preference, those without preference may participate in the drawing after all preferred qualified applicants have made their choices. Any lease referred to in the published notice which is not taken upon the drawing may thereafter be leased to any qualified applicant for a residential lease having a loan commitment, still in force, from a recognized lending institution to finance the construction of a residence upon the premises, notwithstanding the person was not an applicant at the date of the drawing, without further publication of notice and without further drawing, if the lease is made within one year of the date of the drawing of which notice was published. [L 1962, c 32, pt of §2; Supp, §103A-74; HRS §171-78]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-79 Purchase of fee title by lessee.

§171-79 Purchase of fee title by lessee.
At any time after the requirement of construction of a residence upon the premises has been fulfilled and after ten years from the date of the issuance of the lessee's residential lease, any residential lessee who is financially able to purchase the fee title to the premises demised to the lessee by the lessee's residential lease may, if not in default under the terms of the lessee's lease, purchase the fee title at its fair market value determined as of the date of the exercise of the lessee's option to purchase. The fair market value shall be determined by appraisers and shall exclude the value of improvements erected by the lessee and shall be determined as if the premises were not subject to the residential lease or to any mortgage made by the lessee. The patent or deed issued upon purchase shall state that within the ten-year period following the date of issuance of the patent or deed, the land or any interest therein shall not, without the written consent of the board of land and natural resources, be sold, leased, or otherwise transferred to any person disqualified under sections 171-74 and 171-75, except that the lessee may mortgage the premises and improvements, without the board's consent, to recognized lending institutions, which mortgage may be freely assigned by the mortgagee and the fee title sold to any person or corporation or agency of government at or after foreclosure. [L 1962, c 32, pt of §2; Supp, §103A-75; HRS §171-79; gen ch 1985]
Case Notes
Fee simple interest may be purchased under §171-99(a) by payment of "fair market price", which, under this section and §171-99(a), requires appraisers to ignore both the value of improvements erected on the premises and the lease encumbrances. 85 H. 217, 941 P.2d 300 (1997).
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-80 Cancellation of leases.

§171-80 Cancellation of leases.
Whenever the board of land and natural resources has reason to believe that any term or condition of a residential lease has been violated, it shall give notice to the lessee of the suspected violation as provided in section 171-20, and shall afford the lessee an opportunity to be heard. If upon the hearing, the board finds that the lessee has violated the terms and conditions of the lease, it may declare the lessee's interest in the lease and improvements forfeited and order the premises to be vacated within a reasonable time. No such forfeiture shall, however, operate to forfeit the interest of any mortgagee in the lease and improvements, and the board shall pay from the special land and development fund the amount due upon and secured by the mortgage; provided that payment need not be made if a new lease of the premises and improvements is made to a new lessee who is willing to assume, and if the mortgagee is willing to accept the new lessee's assumption of, the mortgage and the debt secured thereby. [L 1962, c 32, pt of §2; Supp, §103A-76; HRS §171-80]
Cross References
Administrative hearing, see chapter 91.
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-81 Surrender of lease.

§171-81 Surrender of lease.
If at any time the lessee desires to surrender the lessee's lease and improvements, the board of land and natural resources may accept the surrender and purchase the improvements for their fair market value, as determined by appraisers, with funds from the special land and development fund, provided the board has a firm offer from a person, who is qualified to take the residential lease under this part, to take the lease and purchase the improvements for not less than the amount to be paid therefor by the board and who has a commitment from a recognized lending institution to finance the purchase. Upon acceptance of the surrender and purchase of the improvements, the board shall sell the improvements to that person and make a new lease to the person. [L 1962, c 32, pt of §2; Supp, §103A-77; HRS §171-81; gen ch 1985]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-82 Approval by board.

§171-82 Approval by board.
All subdivisions of public lands and premises covered by residential leases, all purchases and sales of improvements erected by lessees upon lots under residential leases, and all purchases of the fee titles to the leasehold premises by the lessees, and all sales of such fee simple titles during the ten-year period following issuance of a patent or deed thereupon to any person not disqualified under sections 171-74 and 171-75, shall be subject to approval by the board of land and natural resources. [L 1962, c 32, pt of §2; Supp, §103A-78; HRS §171-82]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-83 Costs of, and realization from, residential leasing.

§171-83 Costs of, and realization from, residential leasing.
The board of land and natural resources is authorized to expend from the special land and development fund sufficient moneys to meet all costs of the planning, development, and subdivision of public lands for residential leasing, the sale of residential leases and otherwise to effectuate the purposes of this part, and all realizations from residential leases and the selling of any improvements purchased from lessees shall be paid into the fund. [L 1962, c 32, pt of §2; Supp, §103A-79; HRS §171-83]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-84 Leases to certain developers of housing for low and moderate income families.

§171-84 Leases to certain developers of housing for low and moderate income families.
Sections 171-73 to 171-76, or any other law to the contrary notwithstanding, residential public lands may be leased on a first priority basis, without a drawing or public auction, by the board of land and natural resources to a developer or mortgagor who qualifies under the federal housing programs for low and moderate income families under the National Housing Act or state housing program for low and moderate income families as approved by the board of land and natural resources, or to a nonprofit or limited distribution corporation or association as defined in section 221(d)(3) of the National Housing Act which conforms to the standards of section 221(d)(3) but which is not a mortgagor under section 221(d)(3), all of which are regulated or supervised under federal or state laws or by political subdivisions of the State, or agencies thereof, as to rents, charges, sales prices, capital structure, rate of return, and methods of operation from the time of issuance of the building permit for the project. The lease under this section shall include terms to meet Federal Housing Administration requirements, if any, and the annual rental of the premises shall not exceed $1 a year to the lessee. The subleasing of individual lots will be allowed with lessee retaining first right of purchase for resale to a qualified low and moderate income family in conformance with the board of land and natural resources requirements. [L 1967, c 278, §23; HRS §171-84; am L 1970, c 109, §1]
2023 Hawaii Revised Statutes › Title 12. Conservation and Resources › 171. Public Lands, Management and Disposition of › 171-85 Definitions.

§171-85 Definitions.
As used in this part III C:
"Disaster area" means an area proclaimed by the governor to be a disaster area.
"Natural disaster" means any disaster caused by seismic or tidal wave, tsunami, hurricane, volcanic eruption, typhoon, earthquake, or flood.
"Person" means an individual (citizen and noncitizen), partnership, corporation, and association. [L 1962, c 32, pt of §2; Supp, §103A-80; HRS §171-85]
Revision Note
Numeric designations deleted.