2023 Hawaii Revised Statutes › Title 11. Agriculture and Animals › 166E. Non-Agricultural Park Lands › 166E-8 Disposition.

§166E-8 Disposition.
(a) Any provision of this chapter to the contrary notwithstanding, the department may dispose of:
(1) Public lands and related facilities set aside and designated for use pursuant to this chapter; and
(2) Other lands and facilities under the jurisdiction of the department pursuant to section 166E-9 and notwithstanding chapter 171,
by negotiation, drawing of lot, conversion, or public auction.
Except as provided by subsection (d), the department shall dispose of public lands by lease.
(b) In all dispositions, the department shall be subject to the requirements set forth in rules adopted by the board consistent with section 166E-6 and subject to the following:
(1) All land and facilities shall be disposed of for purposes of agricultural or aquacultural activities only;
(2) Each lessee shall derive a major portion of the lessee's total annual income earned from the lessee's activities on the premises; provided that this restriction shall not apply if:
(A) Failure to meet the restriction results from mental or physical disability or the loss of a spouse; or
(B) The premises are fully used in the production of crops or products for which the disposition was granted;
(3) The lessee shall comply with all federal and state laws regarding environmental quality control;
(4) The board shall:
(A) Determine the specific uses for which the disposition is intended;
(B) Parcel the land into minimum size economic units sufficient for the intended uses;
(C) Make, or require the lessee to make, improvements that are required to achieve the intended uses;
(D) Set the upset price or lease rent based upon an appraised evaluation of the property value, adjustable to the specified use of the lot;
(E) Set the term of the lease that shall be not less than fifteen years nor more than sixty-five years, including any extension granted for mortgage lending or guarantee purposes; and
(F) Establish other terms and conditions it deems necessary, including but not limited to restrictions against alienation and provisions for withdrawal by the board; and
(5) Any transferee, assignee, or sublessee of a non-agricultural park lease shall first qualify as an applicant under this chapter. For the purpose of this paragraph, any transfer, assignment, sale, or other disposition of any interest, excluding a security interest, by any legal entity that holds a non-agricultural park lease shall be treated as a transfer of the non-agricultural park lease and shall be subject to the approval of the board and to reasonable terms and conditions, consistent with this chapter or rules of the board that the board may deem necessary. No transfer shall be approved by the board if the disposition of the stock or assets or other interest of the legal entity would result in the failure of the entity to qualify for a non-agricultural park land lease.
(c) After notice of the breach or default as provided in rules adopted by the board consistent with section 166E-6, a violation of any provision in this section shall be cause for the board to cancel the lease and take possession of the land.
(d) The board may issue easements, licenses, permits, and rights-of-entry for uses that are consistent with the purposes for which the lands were set aside or are otherwise subject to the authority of the department pursuant to section 166E-9. [L 2006, c 157, pt of §1]