Title 11, Agriculture And Animals

[§163D-18] Exemption from taxation. The corporation shall not be required to pay state taxes of any kind. [L 1994, c 264, pt of §1]

§163D-19 Annual report. (a) The corporation shall submit to the governor and the legislature, no later than twenty days prior to the convening of each regular session, a complete and detailed report of its plans and activities. (b) The following information shall be included in t…

§163D-2 Definitions. As used in this chapter, unless the context clearly requires otherwise: "Agriculture" means the production for consumption within the State and exporting of plant and animal life on land and within ponds and other bodies of water for food, fiber, and raw mate…

[§163D-20] Food and product innovation network; established. (a) There is established within the corporation the food and product innovation network. The network shall operate under a centralized coordination structure administered by the corporation to ensure alignment in standa…

§163D-3 Agribusiness development corporation; board of directors; established. (a) There is established the agribusiness development corporation, which shall be a public body corporate and politic and an instrumentality and agency of the State. The corporation shall be headed by …

[PART II. ACQUISITION OF IMPORTANT AGRICULTURAL LANDS] [§163D-31] Acquisitions of important agricultural lands authorized by the legislature. (a) The legislature may authorize the corporation to acquire agricultural lands for the protection of agricultural lands, public land bank…

[§163D-32] Acquisitions; payment. (a) If the landowner agrees to the sale of the interest in lands pursuant to section 163D-31, the landowner and the corporation shall agree on whether the landowner shall receive payment for the interest in a lump sum or through an installment pu…

[§163D-33] Installment purchase agreements; interest payment. (a) The legislature may authorize the corporation to negotiate installment purchase agreements for the acquisition of specific parcels of land for the protection of agricultural lands, public land banking, or the promo…

§163D-4 Powers; generally. (a) Except as otherwise limited by this chapter, the corporation may: (b) The corporation shall:

[PART III.] INTERAGENCY FOOD SYSTEMS COORDINATION [§163D-41] Statewide interagency food systems coordination team. There is established within the corporation the statewide interagency food systems coordination team. The statewide interagency food systems coordination team shall …

[§163D-42] Interagency food systems working group. (a) There is established within the corporation an interagency food systems working group. (b) The working group shall consist of the following members: (c) The interagency food systems working group shall: (d) The interagency fo…

§163D-5 Hawaii agribusiness plan. (a) The corporation shall prepare and post on its website the Hawaii agribusiness plan, which shall define and establish goals, objectives, policies, and priority guidelines for its agribusiness development strategy. The plan shall include but no…

§163D-6 Subsidiaries; establishment. (a) The corporation may exercise its powers through one or more subsidiary corporations. The corporation, by resolution, may direct any of its members, officers, or employees to organize a subsidiary corporation pursuant to either chapter 414 …

§163D-7 Agricultural projects; agricultural development plans. (a) The corporation may develop and implement agricultural projects where large tracts of agricultural land have been or will be taken out of productive agriculture or where, through detailed analysis, opportunities e…

§163D-8 Project facility program. (a) The corporation may develop a project to identify necessary project facilities within a project area. (b) Unless and except as otherwise provided by law, whenever the corporation undertakes, or causes to be undertaken, any project facility as…

§163D-9 Bonds. (a) The corporation, with the approval of the governor, may issue, from time to time, revenue bonds in amounts not exceeding the total amount of bonds authorized to be issued by the legislature for the purpose of constructing, acquiring, remodeling, furnishing, and…

§165-1 Findings and purpose. The legislature finds that when nonagricultural land uses extend into agricultural areas, farming operations often become the subject of nuisance lawsuits that may result in the premature removal of lands from agricultural use and may discourage futur…

§165-2 Definitions. As used in this chapter, unless the context otherwise requires: "Farming operation" means a commercial agricultural, silvicultural, or aquacultural facility or pursuit conducted, in whole or in part, including the care and production of livestock and livestock…

[§165-3] Declaration of public purpose. The preservation and promotion of farming is declared to be in the public purpose and deserving of public support. [L 1982, c 256, pt of §1]

§165-4 Right to farm. No court, official, public servant, or public employee shall declare any farming operation a nuisance for any reason if the farming operation has been conducted in a manner consistent with generally accepted agricultural and management practices. There shall…

[§165-5] Frivolous lawsuits. Any nuisance action, found to be frivolous by the court, in which a farming operation is alleged to be a nuisance as defined in section 165-2, shall be governed by section 607-14.5. [L 1993, c 162, pt of §1]

[§165-6] Liberal construction. This chapter is remedial in nature and shall be liberally construed to effectuate its purposes. [L 1993, c 162, pt of §1]

[§166-1] Legislative findings. The legislature finds that important agricultural lands should be preserved for productive purposes; the contribution of diversified agriculture and aquaculture to export and local markets should be expanded, thereby increasing its importance in the…

§166-10 Agricultural park special fund. (a) There is created in the state treasury a special fund to be designated as the agricultural park special fund. The proceeds in the fund shall be used for the following purposes: For the purpose of paragraph (2), infrastructure improvemen…

§166-11 Lease negotiation. (a) The department of agriculture and biosecurity may negotiate and enter into leases with any person who: (b) The land eligible for lease negotiations under this section are limited to those lands: (c) In negotiating and executing a lease as authorized…

§166-2 Definitions. For the purpose of this chapter: "Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crops …

§166-3 Authority to plan, develop, and manage agricultural parks. The department of agriculture and biosecurity shall plan, develop, and manage agricultural parks in accordance with this chapter, on public lands set aside by the governor for use as agricultural parks pursuant to …

[§166-3.5] Commercial activity. The department may allow, in each of its existing and future agricultural parks, the disposition of no more than two lots within an agricultural park for the processing, marketing, and displaying of agricultural crops or commodities, which shall in…

§166-4 Park development. Except as herein provided, the department may develop, on behalf of the State or in partnership with a federal agency, a county, or a private party, agricultural parks which, at the option of the board, shall be exempt from all statutes, ordinances, chart…

§166-5 Joint ventures. Any agricultural park developed by the department in partnership with a federal agency, a county, or a private party shall be subject to a partnership agreement approved by the board of agriculture and biosecurity, which agreement shall provide, at a minimu…

§166-6 Disposition. (a) Any provision of this chapter to the contrary notwithstanding, the board may by negotiation, drawing of lot, or public auction, directly dispose of public lands and related facilities set aside and designated for use as agricultural parks, and any other la…

§166-7 Applicants. Any person, including a revocable living trust, partnership, corporation, limited liability company, association, or an agricultural cooperative organized under chapter 421 at least seventy-five per cent of the trustees, partners, officers and stockholders, or …

§166-8 Preference right. Any person who is otherwise qualified to take an agricultural park lot, who is a veteran with an honorable discharge, or who qualifies as a displaced farmer, or who operates a farm located in a zoning district where such use is a nonconforming use, or who…

[§166-8.5] Rights of holders of security interests. (a) For the purpose of this section: "Institutional lender" means a federal, state, or private lending institution licensed to do business in the State of Hawaii in making loans to qualified applicants under section 166-7 on the…

§166-9 Rules. The board shall adopt rules in accordance with chapter 91 in order to effectuate the purposes of this chapter. Such rules shall provide, without limitation, for definitions; planning generally and for intensive agricultural uses; general eligibility requirements; qu…

§166E-1 Legislative findings. The legislature finds that article XI, section 10, of the state constitution establishes that "the public lands shall be used for the development of farm and homeownership on as widespread a basis as possible, in accordance with procedures and limita…

[§166E-10] Non-agricultural park land development. On behalf of the State or in partnership with a federal agency, a county, or a private party and except as provided in this section, the department may develop non-agricultural park lands that, at the option of the board, may be …

[§166E-11] Lease negotiation. (a) The department may negotiate and enter into leases with any person who: (b) Lands eligible for lease negotiations under this section are limited to lands that are: (c) In negotiating and executing a lease as authorized, the board shall: The depar…

[§166E-12] Policy. Notwithstanding chapter 171, disposition of lands set aside for use pursuant to this chapter shall not be subject to the prior approval of the board of land and natural resources. [L 2006, c 157, pt of §1]

[§166E-13] Rights of holders of security interests. (a) Prior board action shall be required when an institutional lender acquires the lessee's interest through a foreclosure sale, judicial or nonjudicial, or by way of assignment in lieu of foreclosure, or when the institutional …

§166E-2 Definitions. For the purposes of this chapter: "Agricultural activities" means the care and production of livestock, livestock products, poultry, or poultry products, or apiary, horticultural, or floricultural products, or the planting, cultivating, and harvesting of crop…

§166E-3 Transfer and management of non-agricultural park lands and related facilities to the department of agriculture and biosecurity. (a) Upon mutual agreement and approval of the board and the board of land and natural resources: (b) The department shall administer a program t…

[§166E-4] Conversion of qualified and encumbered other agricultural lands. The department shall establish criteria and rules pursuant to chapter 91 and subject to approval by the board to convert qualified and encumbered non-agricultural park lands to department leases or other f…

§166E-5 Extension of qualified and encumbered non-agricultural park lands transferred to and managed by the department. Notwithstanding chapter 171, the board shall establish criteria and rules to allow the cancellation, renegotiation, and extension of transferred encumbrances by…

§166E-6 Rules. The board shall adopt rules pursuant to chapter 91, including eligibility requirements for each disposition and applicant qualifications, to effectuate the purposes of this chapter. [L 2003, c 90, pt of §1; am L 2006, c 157, §3]

[§166E-7] Non-agricultural park lands special fund; established. (a) There is established in the state treasury the non-agricultural park lands special fund, into which shall be deposited: (b) Moneys in the special fund shall be used to defray the costs incurred in managing, admi…