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2021 Hawaii Revised Statutes
Title 12. Conservation and Resources
171. Public Lands, Management and Disposition of
PART I. GENERAL PROVISIONS
A. Policy and Planning
WITHOUT PUBLIC AUCTION
A. Certain Agricultural Uses,
Including Special Livestock and Pasture
1. Disposition for other than residential
or agricultural purposes
CONTINUATION THEREOF AND REMOVAL OF CERTAIN RESTRICTIONS
- 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- 171-6.5 REPEALED.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- 171-8.5 REPEALED.
- 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. (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) previously cultivated as sugarcane land under any provision of law that is conveyed by the department to the Hawaii housing finance and development corporation for the development of housing projects as defined under section 201H-1. The amount to which the department of Hawaiian home lands is entitled shall be determined by multiplying the fair market value of the land by thirty per cent. For the purpose of this section: "Fair market value" means the amount of money that a purchaser willing but not obliged to buy the land would pay to an owner willing but not obliged to sell it, taking into consideration the highest and best use of the land. "Highest and best use" means the most profitable, probable, and legal use to which the land can be put. (b) Fair market value shall be determined on a per acre basis pursuant to appraisals performed in conformance with the uniform standards of professional appraisal practice as adopted by the department of commerce and consumer affairs, not more than ninety days before the conveyance of the land to the Hawaii housing finance and development corporation. The appraisals shall be performed by two disinterested appraisers each of whose services shall be contracted by the department and the department of Hawaiian home lands, respectively. If the land is sugarcane lands and of the public land trust, as defined in section 10-2, the department of Hawaiian home lands and the office of Hawaiian affairs shall contract the services of one appraiser. The parties shall contract the services of the two appraisers within thirty days after the department gives written notice to the department of Hawaiian home lands, together with the office of Hawaiian affairs if the land is sugarcane lands and of the public l
- 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.
- 171-36.5 Commercial, industrial, resort, mixed-use, or government leases; extension of term.
- 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.
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).
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