Chapter 171 — Chapter 171

PART I. GENERAL PROVISIONS §171-1 Definitions. In this chapter, if not inconsistent with the context: "Abandoned property" or "property abandoned" means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that has …

§171-10 Classes of lands. The board of land and natural resources shall classify all public lands and in doing so be guided by the following classifications: 1. Intensive agricultural use (A) First class--Lands highly productive of intensive crops such as sugarcane, pineapples, t…

§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 pro…

§171-11 Public purposes, lands set aside by the governor; management. The governor may, with the prior approval of the board of land and natural resources, set aside public lands to any department or agency of the State, the city and county, county, or other political subdivision…

PART V. LANDS FOR AGRICULTURAL PURPOSES §171-111 REPEALED. L 1986, c 222, §4.

§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 land…

§§171-113 to 171-116.5 REPEALED. L 1986, c 222, §5.

§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 and biosecurit…

§171-118 REPEALED. L 1986, c 222, §6.

§171-12 Permanent register of applicants for public lands. The board of land and natural resources shall establish and maintain in each land district a register in which all persons desiring to acquire public lands in the district may register. The board may require the persons t…

§171-13 Disposition of public lands. Except as otherwise provided by law and subject to other provisions of this chapter, the board may: No person shall be eligible to purchase or lease public lands, or to be granted a license, permit, or easement covering public lands, who has h…

PART VII. INDUSTRIAL PARKS §171-131 Definitions. For the purposes of this part: "Eligible lessee" means a person who is: "Industrial park" means an area of public lands which is designated an industrial park in accordance with this part. "Industrial use" means the manufacturing, …

§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:

§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 execu…

§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 …

§171-138 REPEALED. L 2000, c 122, §2.

§171-14 Auction. Except as otherwise specifically provided, all disposition of public lands shall be made at public auction after public notice as provided in section 171-16. All such auctions shall be held at the door of the office of the land agent or at such other place as is …

§171-14.5 Auction pre-qualification; agricultural and pasture leases. (a) Whenever used in this section, unless otherwise apparent from the context: "Farm" also means "ranch" and "farmer" also means "rancher". "Individual" means a natural person who is not a part of a partnership…

§171-141 Lease for eligible permittee in industrial park. (a) Notwithstanding any other provision of law to the contrary: (b) It is the intent of the legislature that persons occupying and using under a month-to-month or revocable permit public lands which have been designated as…

§171-15 Drawing. Whenever public lands are to be sold or leased by drawing, the board of land and natural resources shall notify by publication of applications for the drawing as provided in section 171-16 with such details concerning the drawing as it shall deem necessary and de…

[PART VIII.] RESTORATION OF BEACH LANDS §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 p…

§171-16 Notices. (a) Auctions. Public notice of any proposed disposition by auction shall be given at least once statewide and once in the county where the land being disposed of is located. Notice of the auction shall contain the following: (b) Drawings. Whenever a disposition b…

§171-17 Appraisals. (a) The appraisal of public lands for sale or lease at public auction for the determination of the upset price may be performed by an employee of the board of land and natural resources qualified to appraise lands, or by one but not more than three disinterest…

§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 conservatio…

§171-19 Special land and development fund. (a) There is created in the department a special fund to be designated as the "special land and development fund". Subject to the Hawaiian Homes Commission Act of 1920, as amended, and section 5(f) of the Admission Act of 1959, all proce…

§171-19.5 REPEALED. L 2014, c 132, §3.

§171-2 Definition of public lands. [Section effective until L 2025, c 289 takes effect. For section effective after L 2025, c 289 takes effect, see below.] "Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, …

§171-20 Notice of breach or default. Except as otherwise specifically provided in this chapter, in the event of a breach or default of any term, covenant, restriction, or condition of any lease or patent heretofore or hereafter issued under this chapter, the board of land and nat…

§171-21 Rights of holder of security interest. Whenever any notice of breach or default is given to any party under section 171-20, or under the terms of any lease, patent, license, agreement, or other instrument issued or to be issued under this chapter, a copy of the notice sha…

§171-22 Consent to mortgage. Whenever under this chapter or under any lease, license, permit, or other instrument issued by the board of land and natural resources, consent of the State is required as a condition precedent to the mortgage of, or the creation of a security interes…

§171-23 Land patents and deeds, issued when. Except as otherwise provided, a land patent or a deed shall issue under the seal of the department of land and natural resources to the purchaser in fee simple of any public land or other land disposable by the board of land and natura…

§171-24 Land conveyances, preparation, signing, record, copies. Except for the preparation and execution of leases and licenses and the issuance of revocable permits and rights of entry by the department of transportation, in its harbor and airport functions, all land patents, de…

§171-25 Irrigation projects. In any patent, agreement, or lease a condition may be provided requiring the inclusion of the land being disposed in any irrigation project formed or to be formed by the state agency responsible therefor and making the land subject to assessments made…

§171-26 Rights-of-way to the sea, game management areas, and public hunting areas. Prior to the disposition of any public lands, the board of land and natural resources shall lay out and establish over and across such lands a reasonable number of rights-of-way from established hi…

§171-27 Taxes. Any provision to the contrary notwithstanding, leases and licenses issued by the board of land and natural resources and permits issued to permittees, who are holdover lessees or licensees, shall be subject to real property taxes which shall be assessed on a pro ra…

§171-28 Government-owned Hawaiian fishponds; sale prohibition. (a) The board may investigate and develop scientific commercial management practices for government-owned Hawaiian fishponds and reconstruct, rehabilitate, improve, and stock the fishponds; and expend moneys from the …

§171-29 Report to legislature on all dispositions. (a) The board of land and natural resources shall submit a written report annually to the legislature within ten days of the convening of each regular session, of all land dispositions made in the preceding year, including sales,…

§171-3 Department of land and natural resources. (a) The department of land and natural resources shall be headed by an executive board to be known as the board of land and natural resources. The department shall manage, administer, and exercise control over public lands, the wat…

§171-30 Acquisition of real property; general. (a) Except as provided in section 26-19(f), the board shall have the exclusive responsibility, except as provided herein, of acquiring, including by way of dedications: The board shall upon the request of and with the funds from the …

§171-31 Depository for documents; filing, record. The department of land and natural resources is designated as a depository for purpose of recordation with the registrar of conveyances, all documents pertaining to real property or any interest therein conveyed to the Territory o…

§171-31.5 Disposition of abandoned or seized property. (a) The department may sell, donate, or otherwise dispose of property abandoned or seized on land owned by the State upon compliance with the requirements of this section. (b) The department shall send notice by certified mai…

PART II. DISPOSITIONS, GENERALLY A. Policy and Planning §171-32 Policy. Unless otherwise specifically authorized in this chapter or by subsequent legislative acts, all dispositions shall be by lease only, disposed of by public auction in accordance with the procedure set forth in…

§171-33 Planning; generally. Prior to any notice of intended disposition, the board of land and natural resources shall:

§171-34 Planning; intensive agricultural and pasture uses. In addition to the requirements set forth in section 171-33, if the intended disposition is for intensive agricultural or pasture uses, the board of land and natural resources shall:

B. Leases or Sales §171-35 Lease provisions; generally. Every lease issued by the board of land and natural resources shall contain:

§171-36 Lease restrictions; generally. (a) Except as otherwise provided, the following restrictions shall apply to all leases: (b) The board, from time to time, upon the issuance or during the term of any intensive agricultural, aquaculture, commercial, mariculture, special lives…

§171-36.2 Public lands for historic preservation and restoration. (a) Any law to the contrary notwithstanding, the board may lease public lands in the State for use in historic preservation and restoration projects: (b) The department shall adopt rules pursuant to chapter 91 to d…

§171-37 Lease restrictions; intensive agricultural and pasture uses. In addition to the restrictions provided in section 171-36, the following restrictions shall apply to all leases for intensive agricultural and pasture uses: "Tree-crop", as used in this section, shall be exclus…

§171-37.5 Withdrawal or taking of leased land; fair compensation. (a) Upon a withdrawal or taking of leased land pursuant to section 171-37(3) that causes any portion of the land to become unusable for the specific use or uses for which it was leased, the lease rent shall be redu…

§171-38 Condemnation of leases. The lease shall provide that whenever a portion of the public land under lease is condemned for public purposes by the State, or any county or city and county, or any other governmental agency or subdivision, the rental shall be reduced in proporti…