2020 Hawaii Revised Statutes
Title 12. Conservation and Resources
171. Public Lands, Management and Disposition of
- 171-1 Definitions.
- 171-2 Definition of public lands.
- 171-3 Department of land and natural resources.
- 171-4 Board of land and natural resources; terms and qualifications of members of the board; organization; expenses.
- 171-4.5 Aha moku advisory committee; established.
- 171-5 Meetings, regular, special; quorum.
- 171-6 Powers.
- 171-6.4 General administrative penalties.
- 171-6.5 REPEALED.
- 171-7 General duties of the board.
- 171-8 Land agents and other employees.
- 171-8.5 Koke‘e state park advisory council.
- 171-8.6 Risk assessment working group.
- 171-9 Land districts.
- 171-10 Classes of lands.
- 171-11 Public purposes, lands set aside by the governor; management.
- 171-12 Permanent register of applicants for public lands.
- 171-13 Disposition of public lands.
- 171-14 Auction.
- 171-14.5 Auction pre-qualification; agricultural and pasture leases.
- 171-15 Drawing.
- 171-16 Notices.
- 171-17 Appraisals.
- 171-18 Public land trust.
- 171-18.5 Sugarcane lands conveyed for the development of housing projects.
- 171-19 Special land and development fund.
- 171-19.5 REPEALED.
- 171-20 Notice of breach or default.
- 171-21 Rights of holder of security interest.
- 171-22 Consent to mortgage.
- 171-23 Land patents and deeds, issued when.
- 171-24 Land conveyances, preparation, signing, record, copies.
- 171-25 Irrigation projects.
- 171-26 Rights-of-way to the sea, game management areas, and public hunting areas.
- 171-27 Taxes.
- 171-28 Government-owned Hawaiian fishponds; sale prohibition.
- 171-29 Report to legislature on all dispositions.
- 171-30 Acquisition of real property; general.
- 171-31 Depository for documents; filing, record.
- 171-31.5 Disposition of abandoned or seized property.
- 171-31.6 Criminal penalties.
A. Policy and Planning
- 171-32 Policy.
- 171-33 Planning; generally.
- 171-34 Planning; intensive agricultural and pasture uses.
- 171-35 Lease provisions; generally.
- 171-36 Lease restrictions; generally.
- 171-36.1 Reservation of rights to prehistoric and historic remains on leased public lands.
- 171-36.2 Public lands for historic preservation and restoration.
- 171-37 Lease restrictions; intensive agricultural and pasture uses.
- 171-37.5 Withdrawal or taking of leased land; fair compensation.
- 171-38 Condemnation of leases.
- 171-39 Leases; forfeiture.
- 171-40 Expired leases; holdover.
- 171-41 Commercial, industrial, and other business uses.
- 171-41.5 Amendment of commercial, hotel, or industrial lease.
- 171-41.6 Lessees within the last ten years of their lease terms; requests for interest
- 171-42 Hotel and resort uses.
- 171-43 Lease of campsites or sites for youth athletic and/or educational activities.
- 171-43.1 Lease to eleemosynary organizations.
- 171-44 Lease for recreation-residence use.
- 171-45 Residence lots; sale or leases.
- 171-46 Residential sales or leases; planning.
- 171-47 Residence lots; improvement districts.
- 171-48 Residence lots, requirements.
- 171-49 Residence lots: unsold; forfeited; surrendered.
- 171-49.5 Resale, first offer to board; limitation on resale price.
- 171-49.7 Public lands suitable and available for residential development; inventory.
- 171-50 Exchanges.
- 171-50.1 Acquisition of lands for exchange under chapter 516.
- 171-50.2 Exchanges for conversion of leasehold lands to fee simple ownership.
- 171-51 Quitclaim.
- 171-52 Remnant.
- 171-53 Reclamation and disposition of submerged or reclaimed public land.
- 171-54 Land license.
- 171-55 Permits.
- 171-55.5 Agricultural plots.
- 171-56 Contract or license for concessions or concession space.
- 171-57 Reserved rights and easements.
- 171-58 Minerals and water rights.
- 171-58.5 Prohibitions.
- 171-59 Disposition by negotiation.
- 171-60 Development through private developer.
- 171-61 Cancellation, surrender.
- 171-62 Sales; payment, default.
- 171-63 Waiver of restrictions.
- 171-64 Covenants against discrimination.
- 171-64.5 Nonconventional uses; department of health; approval and authorization; Waimano ridge.
- 171-64.7 Legislative approval of sale or gift of lands.
WITHOUT PUBLIC AUCTION
A. Certain Agricultural Uses,
Including Special Livestock and Pasture
- 171-65 Leases, leases with option to purchase, sales permitted; when.
- 171-66 Planning.
- 171-67 Restrictions; conditions.
- 171-68 Applicants; qualifications of.
- 171-69 Preference right.
- 171-70 Findings and declaration of necessity.
- 171-71 Definitions.
- 171-72 Subdivision, improvement and lease of public lands.
- 171-73 Term, rent, and other conditions of residential leases.
- 171-74 Qualifications of lessees.
- 171-75 Persons disqualified to take residential leases.
- 171-76 Preference right to residential lease.
- 171-77 Transfers of title by bequest, devise, intestate succession, or by operation of law, and upon foreclosure.
- 171-78 Notice; drawing.
- 171-79 Purchase of fee title by lessee.
- 171-80 Cancellation of leases.
- 171-81 Surrender of lease.
- 171-82 Approval by board.
- 171-83 Costs of, and realization from, residential leasing.
- 171-84 Leases to certain developers of housing for low and moderate income families.
1. Disposition for other than residential
or agricultural purposes
- 171-85 Definitions.
- 171-86 Purpose.
- 171-87 Disposition to victims of natural disaster, when.
- 171-88 Option to purchase.
- 171-89 Applications.
- 171-90 Eligibility.
- 171-91 Notice of availability of leases; selection of lessees.
- 171-92 Existing public leases.
- 171-95 Disposition to governments, governmental agencies, public utilities, and renewable energy producers.
- 171-95.1 Authority of board to extend leases under certain circumstances.
- 171-95.3 Renewable energy producers; lease of public lands without public auction.
- 171-95.5 Lease to public charter schools.
- 171-96 Lease to foreign governments.
CONTINUATION THEREOF AND REMOVAL OF CERTAIN RESTRICTIONS
- 171-97 Definition.
- 171-98 Release of restrictions.
- 171-99 Continuation of rights under existing homestead leases, certificates of occupation, right of purchase leases, and cash freehold agreements.
- 171-100 Successor determination program.
- 171-111 REPEALED.
- 171-112 Acquisition.
- 171-113 to 116.5 REPEALED.
- 171-117 Public lands; agricultural park lands.
- 171-118 REPEALED.
- 171-131 Definitions.
- 171-132 Designation of industrial park.
- 171-133 Authority to plan, improve, develop, operate, and maintain industrial parks.
- 171-134 Industrial park development.
- 171-135 Joint venture or development agreement.
- 171-136 Disposition of public lands within industrial park.
- 171-137 Preference.
- 171-138 REPEALED.
- 171-139 Acquisition.
- 171-140 Rules.
- 171-141 Lease for eligible permittee in industrial park.
- 171-142 Lease for lessees dislocated by condemnation proceedings.
- 171-143 Rate policy.
- 171-144 Issuance of revenue bonds.
- 171-151 Definitions.
- 171-152 General powers.
- 171-153 Beach restoration plan.
- 171-154 Authority to lease coastal lands.
- 171-155 Development of public coastal lands.
- 171-156 Beach restoration special fund.
Note
Dark night skies protection strategy; advisory committee (dissolved on June 30, 2027); reports to 2018-2021 legislature. L 2017, c 185, 2, 3.
Department of transportation's bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of part II of this chapter through June 30, 2022 or until completion. L 2012, c 218; L 2017, c 48.
Kakaako makai; conveyance of certain parcels to office of Hawaiian affairs. L 2012, c 15.
Performance audit of the special land and development fund and land conservation fund; report to 2019 legislature. L 2017, c 209.
Priority mooring space for intra-county ferry service. L 2008, c 57, 2.
Relief for airport concessionaires (repealed July 1, 2013). L Sp 2009, c 33; L 2011, c 104, 2.
State purchase of land subject to approval. L 2017, c 49, 74.
State purchase of private lands subject to approval. L 2015, c 119, 105.
Transfer of property containing schools from city and county of Honolulu; transfer effective December 31, 2018. L 2017, c 206, 2; L 2019, c 272, 4.
Use of lands in public land trust; payments and accounting requirements. L 2006, c 178.
Water rights lease applications; annual report to 2017-2020 legislature. L 2016, c 126, 2.
Cross References
Ala Wai boat harbor; leases, see 200-2.6.
Civil relief for state military forces, see chapter 657D.
Conclusive presumptions relating to duty of public entities to warn of dangers at public beach parks, see 663-1.56.
Disposition of state boating facility properties, see 200-2.5.
Environmental courts, jurisdiction over proceedings arising under this chapter, see 604A-2.
Kaho‘olawe island reserve, see chapter 6K.
Koke‘e state park advisory council, see 171-8.5.
State facility renovation partnership program, see chapter 107D.
Transfer of non-agricultural park lands classified for agricultural use to department of agriculture, see chapter 166E.
Attorney General Opinions
Applies to any and all "public lands", including ceded lands or lands acquired by the State by other means. Att. Gen. Op. 95-3.
Law Journals and Reviews
Native Hawaiians, Self-Determination, and the Inadequacy of the State Land Trusts. 14 UH L. Rev. 519.
Demolition of Native Rights and Self Determination: Act 55's Devastating Impact through the Development of Hawaii's Public Lands. 35 UH L. Rev. 297 (2013).
