2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 12. CONSERVATION AND RESOURCES
171. Public Lands, Management and Disposition of
§171-14.5 Auction pre-qualification; agricultural and pasture leases.

§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, corporation, or joint venture which is a potential bidder under this section.

"Nonindividual concern" means a partnership, corporation, or joint venture properly formed under law and which is a potential bidder under this section.

(b) Any other law to the contrary notwithstanding, to be eligible to bid in an auction for agricultural or pasture leases, a potential bidder shall be a bona fide individual farmer or a nonindividual farm concern:

(1) Who has spent not less than two years, full-time, in farming operations;

(2) Who is an owner-operator of an established farm conducting a substantial farming operation;

(3) Who for a substantial period of the individual's adult life resided on a farm and depended on farm income for a livelihood;

(4) Who is an individual who has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the auction obtained the major portion of their income from farming operations;

(5) Is an individual with a college degree in agriculture;

(6) Is an individual who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm;

(7) Who has qualified for and received a commitment for a loan under the Bankhead-Jones Farm Tenant Act as amended, or as may hereafter be amended, for the acquisition of a farm;

(8) Who is an individual who is displaced from employment in an agricultural production enterprise;

(9) Who is a member of the Hawaii Young Farmer Association or a Future Farmer of America graduate with two years of training with farming projects;

(10) Who possesses the qualifications under the new farmer program pursuant to section 155-1; or

(11) Who possesses other qualifications as the board of land and natural resources may prescribe pursuant to section 171-6 and this section. [L 1982, c 131, §1; am L 2000, c 51, §14]