Title 12, Conservation And Resources

§171-99 Continuation of rights under existing homestead leases, certificates of occupation, right of purchase leases, and cash freehold agreements. (a) Issuance of land patents to occupier or lessee of homestead lands. A fee simple patent shall be issued to every existing occupie…

§172-1 Department to list lands on which commutation payable; public notice; notice to pay. The department of land and natural resources shall prepare a list of all lands on which commutation to extinguish the government's right therein is payable. Upon completion of the list the…

§172-10 Enforcement of payment of expenses by owners. The attorney general shall proceed, at any time after the determination of the sum due as hereinbefore provided, to enforce payment of the same by any proper proceedings brought in the name of the State in such manner as provi…

§172-11 Land patents on land commission awards; to whom, for whose benefit. Every land patent issued upon an award of the board of commissioners to quiet land titles, shall be in the name of the person to whom the original award was made, even though the person is deceased, or th…

§172-12 Land patents issued after boundary and commutation settled. Upon presentation to the department of land and natural resources of a certificate of a commissioner of boundaries defining the boundaries of a portion of an ahupuaa, ili, or other denomination of land, the depar…

[§172-13 Destruction, defacing or removal of survey monuments; penalty.] It shall be unlawful, without the written consent of the state comptroller, for any person to destroy, deface, change, or remove to another place, any trigonometrical survey station, boundary line mark or mo…

§172-2 Department to appraise lands; determine commutation; interest; lien. The department of land and natural resources shall cause to be appraised each piece of property upon which commutation shall then be due. The value of the property for the purposes of this chapter shall b…

§172-3 Enforcement of payment. The attorney general shall proceed at any time after the determination of the commutation due as hereinbefore provided, to enforce payment of the same by any proper proceedings brought in the name of the State. The attorney general may foreclose the…

§172-4 General default. If no person appears and answers within the time allowed, the judge may at once upon motion of the State order a general default to be recorded and the complaint for foreclosure of the government's lien for commutation to be taken as confessed. By the desc…

§172-5 Hearing, foreclosure. If in any case, an appearance is entered and answer filed, the cause shall be set down for hearing on the motion of either party, but an order of default may first be entered against all persons who do not appear and answer in the manner provided in s…

§172-6 Proof. The award by the board of commissioners to quiet land titles, together with a certificate by the department of land and natural resources of the date and amount of the appraisement and the amount of the government's commutation determined thereon, and that the same …

§172-7 Unsurveyed lands; listing by comptroller. The comptroller shall prepare a list of all ahupuaas, iliainas, and leles within the State (including those owned by the government), on which there has been no legal description of survey determined by metes and bounds, either by …

§172-8 Notice to owners to have boundaries determined. Upon the completion of a list, the comptroller shall give public notice thereof throughout the State at least once each week for four successive weeks, together with name or names of the last known owner or owners, and with a…

§172-9 Upon failure of owners, comptroller to have boundaries determined at owner's expense. The comptroller shall list all lands which have not had their boundaries determined in compliance with the requirements of section 172-8, and shall proceed to make the necessary surveys a…

§173-1 Issuance of revenue bonds. Revenue bonds, as provided for by part III of chapter 39, may be issued to finance in whole or in part the cost of construction of such new land areas and means of access thereto, the acquisition, by condemnation, purchase, or otherwise, of litto…

§173-2 Advances and transfers. For the purpose of paying the cost of the issuance of bonds authorized by this [chapter] and other preliminary expenses, including but not limited to expenses for engineering and surveys, plans and designs, and appraisals and the costs of services o…

§173-3 Authorization of revenue bonds. The department of land and natural resources may issue, as provided by part III of chapter 39, revenue bonds in a total amount not exceeding $25,000,000 to finance in whole or in part the costs of construction of new land areas under this [c…

[§173A-1] Purpose. The State has provided for the regulation of land use and development throughout the State under the provisions of the land use law, and has provided through that law for the controlled regulation of land use and development of lands which have natural, environ…

§173A-10 Proceeds of sale, lease, or other disposition. Whenever any such land is sold by any state agency, county, or nonprofit land conservation organization, that portion of the net proceeds (sale price less actual expenses of sale) of such sale equal to the proportion that th…

[§173A-11] General powers. In carrying out its functions under this chapter the board may do all things necessary, useful, and convenient in connection with the acquisition, administration, maintenance, and management of lands having value as a resource to the State, subject to a…

[§173A-12] Federal and other grants. The board and any county may comply with any condition, regulation, restriction, or requirement imposed by the United States or any other governmental agency, or by any person in any program providing grants or other funds for the acquisition …

§173A-13 Payment of debt service on the Turtle Bay reimbursable general obligation bonds. (a) The board shall be responsible for the reimbursement of debt service on the Turtle Bay reimbursable general obligation bonds from the land conservation fund in the amount of $1,500,000 p…

§173A-2 Definitions. As used in this chapter: "Board" means the board of land and natural resources. "Commission" means the legacy land conservation commission. "Department" means the department of land and natural resources. "Land" means the earth, water, and air, above, below, …

§173A-2.4 Legacy land conservation commission. (a) There is established within the department of land and natural resources a legacy land conservation commission. The commission shall consist of nine members, with at least one member from each of the counties, who shall be appoin…

[§173A-2.5] Responsibilities of the legacy land conservation commission. The responsibilities of the commission shall include, but not be limited to:

[§173A-2.6] Land acquisition priorities. In advising the department and the board, the commission shall give the following lands priority in its recommendations for acquisitions:

§173A-3 Resource land acquisition plan. In consultation with the senate president and speaker of the house of representatives, the department shall prepare and, from time to time, revise a plan for the acquisition of land having value as a resource to the State. This plan shall g…

§173A-4 Authority to acquire and convey; easement required and exemption. (a) In consultation with the senate president and speaker of the house of representatives, the board may acquire, by purchase, gift, or the exercise of the power of eminent domain as authorized by chapter 1…

[§173A-4.5] Appraisal of land. (a) Notwithstanding section 171-30, the appraisal of land having value as a resource to the State and acquired by the State under this chapter may be performed as follows: The board shall submit the appraisal to the attorney general for review and a…

§173A-5 Land conservation fund. (a) A land conservation fund, hereinafter called "fund", is hereby established. (b) The proceeds from the sale of any general obligation bonds authorized and issued for purposes of this chapter shall be deposited in or credited to the fund. (c) Any…

[§173A-6] Acquisition of land. The board shall prepare an annual program for the purchase or acquisition by eminent domain of land having value as a resource to the State. [L 1973, c 77, §6]

[§173A-7] Administration and management. The board shall, subject to chapter 171, administer, maintain, and manage any land acquired under the provisions of this chapter, may charge such fees for the use of any such land as it considers to be reasonable, and may construct on such…

[§173A-8] Development of land acquired by the board. On the land acquired under this chapter the board may undertake any development which is consistent with the land use law and all other laws applicable to the land and development. For purposes of this section, "development" in…

§173A-9 Grants to state agencies, counties, and nonprofit land conservation organizations. After consultation with the senate president and speaker of the house of representatives, and subject to the approval of the governor, the board may make grants to state agencies, counties,…

§174-1 Findings and declaration of necessity. It is hereby found that it is important to the welfare of the people of Hawaii that the overall economy of the State including but not limited to agricultural production, be developed as fully as possible. It is further found that wat…

§174-10 Eligibility of revenue bonds for investment. It shall be legal for the State and any of its political subdivisions, or any political or public corporation, including the employees' retirement system of the State, or any instrumentality of the State, or any insurance compa…

§174-11 Rate policy; sale of excess water. The board of land and natural resources shall have the power to fix and adjust rates and charges for the furnishing of domestic water and for water service so that the revenues derived therefrom may be sufficient to cover the cost of ope…

§174-13 Petition of land occupiers for formation of water project. Land occupiers, including the Hawaiian homes commission, comprising at least sixty per cent of the acreage of lands lying within an area proposed to be organized into a water project may file a petition with the b…

§174-16 Consideration of petitions; notice and hearing. When more than one petition is filed covering portions of the same territory, the board of land and natural resources may consolidate the petitions. Having received the petitions, on the basis of such evidence as may be subm…

§174-17 Formation of a project on initiative of board; notice and hearing; protests. The board of land and natural resources may organize projects upon its own initiative. In this event, it shall fix a date for public hearing upon the proposed project, which date shall not be les…

§174-18 Approval of legislature, appropriations. Funds for acquisition or construction of facilities for each project, established by the board of land and natural resources under sections 174-13 and 174-17, may be requested from the legislature, as an appropriation to be repaid …

§174-19 Administration of project; acreage assessments; liens. All projects established pursuant to this chapter shall be administered by the board of land and natural resources. In making the final determination to establish a project, the board shall determine the proportion of…

§174-2 Definitions. The following terms, whenever used and referred to in this chapter, have the following respective meanings, unless a different meaning clearly appears in the context: "Acreage assessments" means any levy imposed pursuant to this chapter on the land within a pr…

§174-20 Furnishing domestic water. In conjunction with any project which it has established, and subject to pertinent provisions of law governing the supply, the board of land and natural resources may establish a system for and supply water for domestic purposes to residents wit…

§174-21 Repayment of certain state advances. Whenever under legislative authorization, past, present or future, general obligation bonds of the State are issued or the proceeds of general obligation bonds of the State are used, by way of advancement, for the establishment and con…

§174-22 Land and water development projects; source of funds; disposition of receipts. All moneys necessary for administrative costs, engineering surveys, economic studies, plans, maps, and for other water projects or purposes of the board of land and natural resources shall be a…