Title 12, Conservation And Resources

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…

§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…

§171-117 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…

§171-12 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…

[PART VI. ECONOMIC DEVELOPMENT] [§171-121] Molokai forest lands, management program established. (a) There is established in the department of land and natural resources a Molokai forest lands management program to accelerate improved management of Molokai forest lands, including…

§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:

[§171-133] Authority to plan, improve, develop, operate, and maintain industrial parks. The board shall plan, improve, develop, operate, and maintain each industrial park designated pursuant to section 171-132. The planning, improving, developing, operation, and maintenance of an…

[§171-134] Industrial park development. (a) The department may develop an area of public lands as an industrial park. Any development shall commence after designation of the area of public lands as an industrial park in accordance with section 171-132. Planning activities for the…

§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 …

[§171-137] Preference. Preference for a lease of public lands within an industrial park shall be given to an eligible lessee who is a small business. For the purpose of this section, "small business" means the same as "small business concern" under section 210-1. [L 1988, c 361, …

[§171-139] Acquisition. The board may acquire by exchange, direct purchase, or eminent domain, lands to which private persons or other public agencies hold title for designation as or inclusion in an industrial park. The acquisition of lands shall be in accordance with this chapt…

§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…

[§171-140] Rules. The board may adopt rules in accordance with chapter 91 in order to effectuate the purposes of this part. [L 1988, c 361, pt of §1]

§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…

[§171-142] Lease for lessees dislocated by condemnation proceedings. (a) For purposes of this section: (b) Notwithstanding any law to the contrary, any dislocated lessee shall have the right of first refusal to enter into a lease for an eligible relocation site. (c) The board sha…

[§171-143] Rate policy. The board may:

[§171-144] Issuance of revenue bonds. (a) The board may issue revenue bonds in the name of the department in such amounts as may be authorized by the legislature. Except as provided in this chapter, all revenue bonds shall be issued pursuant to part III of chapter 39 to finance, …

§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…

[§171-152] General powers. (a) In carrying out its functions under this part, the board may do all things necessary, useful, and convenient in connection with the restoration of beach lands, subject to all applicable laws, and may provide any necessary assistance to any county or…

[§171-153] Beach restoration plan. The department shall prepare and, from time to time, revise plans for the restoration of beach lands of the State. These plans shall guide the board in identifying those beach lands in need of restoration which have been degraded as a result of …

[§171-154] Authority to lease coastal lands. The board, subject to this chapter, may lease public coastal lands under the board's jurisdiction for the purpose of generating revenues to be deposited into the beach restoration [special] fund. Any terms and conditions imposed by the…

[§171-155] Development of public coastal lands. On the lands subject to this part, the board may undertake appropriate development to generate revenues for beach restoration which is consistent with this chapter and chapters 183C and 205A and other applicable laws. These revenues…

[§171-156] Beach restoration special fund. (a) There is established in the state treasury a special fund to be designated as the "beach restoration special fund" to carry out the purposes of this part. The following moneys shall be deposited into the beach restoration special fun…

§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…

[PART IX. TURTLE BAY, OAHU] [§171-171] Reimbursable general obligation bonds for conservation easement and other real property interests in Turtle Bay, Oahu. (a) The department of budget and finance shall issue reimbursable general obligation bonds for the department of land and …

§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…

[§171-173] Turtle Bay appraisal and due diligence. Any appraisal and due diligence completed by the Hawaii tourism authority may be used by the department of land and natural resources for the acquisition of the Turtle Bay conservation easement and other real property interests. …

[§171-174] Lease of Turtle Bay lands. Notwithstanding any law to the contrary, the board of land and natural resources may, without public auction, lease lands purchased in fee simple pursuant to section 171-171, to the grantor of the conservation easement or its successor in int…

§171-18 Public land trust. All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided that all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Rep…

§171-18.5 Sugarcane lands conveyed for the development of housing projects. (a) This section applies to the amount to which the department of Hawaiian home lands is entitled pursuant to article XII, section 1 of the state constitution, from land as designated in subsection (e) pr…

§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…

[PART X.] HILO COMMUNITY ECONOMIC DISTRICT [§171-191] Definitions. [See Note at part heading.] As used in this part: "Hilo community economic district" means the area beginning at the intersection of Manono Street and Kamehameha Avenue, extending south to Piilani Street, east fro…

[§171-192] Lease restrictions. [See Note at part heading.] (a) The board, from time to time, upon the issuance or during the term of any intensive agricultural, aquaculture, commercial, mariculture, special livestock, pasture, hotel, resort, or industrial lease of public lands wi…

[§171-193] Lessees within the last ten years of their lease terms; request for interest. [See Note at part heading.] (a) Notwithstanding any other provision of law to the contrary, and except as otherwise provided in section 171-192, a lessee of public land within the Hilo commun…

§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…