Chapter 171 — Chapter 171

§171-39 Leases; forfeiture. Upon the violation of any condition or term of any lease to be observed or performed by the lessee or tenant, the board of land and natural resources shall, after the notice of default as provided in section 171-20, and subject to the rights of each ho…

§171-4 Board of land and natural resources; terms and qualifications of members of the board; organization; expenses. (a) The board of land and natural resources shall be composed of seven members, one from each land district and three at large, to be nominated and, by and with t…

§171-40 Expired leases; holdover. Upon expiration of the lease term, if the leased land is not otherwise disposed of, the board of land and natural resources may allow the lessee to continue to hold the land for a period not exceeding one year upon such rent, terms, and condition…

§171-41 Commercial, industrial, and other business uses. (a) Leases for commercial, industrial, and other business uses shall be made only pursuant to a development plan which provides for careful placement of complementary enterprises consistent with county zoning requirements; …

§171-41.5 Amendment of commercial, hotel, or industrial lease. (a) The board of land and natural resources, after notification and public hearing as provided in subsection (b), may amend the height, density, and other building restrictions or requirements and the specific use or …

§171-41.6 Lessees within the last ten years of their lease terms; requests for interest. [Repeal and reenactment on June 30, 2028. L 2018, c 149, §7.] (a) Notwithstanding any other provision of law to the contrary, and except as otherwise provided in section 171-36(b), (c), and (…

§171-42 Hotel and resort uses. Public land may be leased for hotel or resort development, if the department of business, economic development, and tourism finds that the land possesses the amenities for a successful hotel and resort development and that the advantages of its plac…

§171-43 Lease of campsites or sites for youth athletic and/or educational activities. The board of land and natural resources may directly lease without recourse to public auction to any eleemosynary or religious organization campsites or sites for youth athletic and/or education…

§171-43.1 Lease to eleemosynary organizations. The board may lease, at a nominal consideration, by direct negotiation and without recourse to public auction, public lands to an eleemosynary organization which has been certified to be tax exempt under sections 501(c)(1) or 501(c)(…

§171-44 Lease for recreation-residence use. (a) Notwithstanding any limitations to the contrary, the board of land and natural resources shall lease, by public lottery and without recourse to public auction, lands within a state park or forest reserve and other lands set aside un…

C. Residential Uses §171-45 Residence lots; sale or leases. The board may dispose of public land for personal residence purposes (1) by sale in fee simple or lease at public auction as provided in sections 171-14 and 171-16, or (2) by sale or lease of lots by drawing as provided …

§171-46 Residential sales or leases; planning. Prior to the disposition of public land for residential lots, whether by sale in fee simple or by lease, in addition to the requirements of section 171-33, the board of land and natural resources shall:

§171-47 Residence lots; improvement districts. Notwithstanding any provision of law to the contrary, the board of land and natural resources is authorized, in like manner and subject to the same conditions, including the imposition of liens and the payment of costs, as any subdiv…

§171-48 Residence lots, requirements. In the disposition of lots for residence purposes:

§171-49 Residence lots: unsold; forfeited; surrendered. Any lot not sold or leased at public auction or drawing, or sold or leased and forfeited, or surrendered after sale or lease with the consent of the board of land and natural resources, which consent is authorized, may, subj…

§171-5 Meetings, regular, special; quorum. Regular meetings of the board of land and natural resources shall be held not less than once a month and the board shall provide in its rules and regulations the number and dates for the regular meetings. Special meetings may be called b…

D. Miscellaneous §171-50 Exchanges. (a) Purpose. No exchange of public land for private land shall be made except for public purposes, including but not limited to: Exchanges shall be effected without public auction. Public notice of any proposed exchange shall be given in accord…

§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 finan…

§171-51 Quitclaim. The board of land and natural resources may, after giving public notice as required in section 171-16(d):

§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: (b) Disposition restri…

§171-53 Reclamation and disposition of submerged or reclaimed public land. (a) Any submerged public land or land beneath tidal waters shall not hereafter be reclaimed by private abutting owners, except as hereinafter provided. (b) As to presently reclaimed land, the board of land…

§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 publ…

§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…

§171-55.5 Agricultural plots. The department of land and natural resources, in cooperation with the department of agriculture and biosecurity 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 o…

§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 durati…

§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 …

§171-58 Minerals and water rights. (a) Except as provided in this section, the right to any mineral or surface or ground water shall not be included in any lease, agreement, or sale, this right being reserved to the State; provided that the board may make provisions in the lease,…

§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:

§171-59 Disposition by negotiation. (a) A lease of public land may be disposed of through negotiation upon a finding by the board of land and natural resources that the public interest demands it. Where the public land is being sought under this section by a sugar or pineapple co…

§171-6 Powers. Except as otherwise provided by law, the board of land and natural resources shall have the powers and functions granted to the heads of departments and the board of land and natural resources under chapter 26. In addition to the foregoing, the board may:

§171-6.5 REPEALED. L 2004, c 142, §7.

§171-60 Development through private developer. (a) Leasehold projects. Notwithstanding anything in this chapter to the contrary, the board, by negotiation and without recourse to public auction, with the prior approval of the governor and authorization of the legislature by concu…

§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…

§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…

§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 amen…

§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 a…

§171-64.7 Legislative approval of sale or gift of lands. (a) This section applies to all lands or interest therein owned or under the control of state departments and agencies classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the governm…

PART III. SPECIAL DISPOSITIONS; SALES AND LEASES PERMITTED WITHOUT PUBLIC AUCTION A. Certain Agricultural Uses, Including Special Livestock and Pasture §171-65 Leases, leases with option to purchase, sales permitted; when. Land intended for disposition as farm lot for truck crops…

§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:

§171-67 Restrictions; conditions. In addition to other restrictions or conditions that may be established by the board to carry out the purpose of this chapter and the state constitution, each sale, lease, or lease with option to purchase, of a farm lot or ranch lot shall be subj…

§171-68 Applicants; qualifications of. (a) A person shall be eligible to apply for a farm if the person has the qualifications as follows: (b) No person shall be entitled to apply for a farm: (c) If the person is an association formed under chapter 421, the person shall be eligib…

§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:

§171-7 General duties of the board. Except as provided by law, the board of land and natural resources through the chairperson shall:

B. Residential Leases §171-70 Findings and declaration of necessity. It is hereby found and declared that:

§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…

§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…

§171-73 Term, rent, and other conditions of residential leases. Residential leases made by the board of land and natural resources may be for an initial term of fifty-five years with the privilege of extension to meet Federal Housing Administration requirements, provided the aggr…

§171-74 Qualifications of lessees. To qualify for a residential lease under this part, the lessee shall: 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 …

§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:

§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: After the above preference, any person who is a citizen of the United States and w…