Title 12, Conservation And Resources

§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:

§171-6.4 General administrative penalties. (a) Except as otherwise provided by law, the board or its authorized representative by proper delegation may set, charge, and collect administrative fines or bring legal action to recover administrative fees and costs as documented by re…

§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…

[§171-64.5] 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 locat…

§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…

§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 impro…

§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 publishe…

§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 pu…

§171-8 Land agents and other employees. The board shall be represented in each land district by a district land agent. The board may employ other necessary employees. The district land agent shall exercise the powers and duties delegated by the board and shall report to the desig…

[§171-8.6] Risk assessment working group. (a) There is established a risk assessment working group that shall be administratively attached to the department. The risk assessment working group shall provide consultation to the board regarding the design and placement of warning si…

§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 affor…

§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…

§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…

§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 residentia…

§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 o…

C. Disposition to Victims of Natural Disaster 1. disposition for other than residential or agricultural purposes §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 …

§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 …

§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…

§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 c…

§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 th…

§171-9 Land districts. For the purposes of this chapter the State is divided into the following land districts: First land district: The island of Hawaii and the reefs and reef lands off the shores of the island of Hawaii. Second land district: The islands of Maui, Molokai, Lanai…

§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 s…

§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 l…

§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 mak…

2. disposition for residential purposes §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 …

§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 pri…

D. Disposition to Government Agencies and Public Utilities §171-95 Disposition to governments, governmental agencies, public utilities, and renewable energy producers. (a) Notwithstanding any limitations to the contrary, the board of land and natural resources may, without public…

[§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 t…

[§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 publi…