Untitled section

Section

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171-6.5 Repealed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171-19.5 Repealed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

Part II. Dispositions, Generally

A. Policy and Planning

171-32 Policy

171-33 Planning; generally

171-34 Planning; intensive agricultural and pasture uses

B. Leases or Sales

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

171-42 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

C. Residential Uses

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

D. Miscellaneous

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

Part III. Special Dispositions; Sales and Leases

Permitted 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

B. Residential Leases

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

C. Disposition to Victims of Natural Disaster

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

2. Disposition for Residential Purposes

171-93 Authorization

171-94 Persons dispossessed or displaced

D. Disposition to Government Agencies and Public

Utilities

171-95 Disposition to governments, governmental agencies,

public utilities, and renewable energy producers

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

Part IV. Relating to Existing Homestead Rights;

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

Part V. Lands for Agricultural Purposes

171-111 Repealed

171-112 Acquisition

171-113 to 116.5 Repealed

171-117 Public lands; agricultural park lands

171-118 Repealed

Part VI. Economic Development

171-121 Molokai forest lands, management program established

Part VII. Industrial Parks

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

Part VIII. Restoration of Beach Lands

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

[Part IX. Turtle Bay, Oahu]

171-171 Reimbursable general obligation bonds for

conservation easement and other real property

interests in Turtle Bay, Oahu

171-172 Turtle Bay conservation easement special fund

171-173 Turtle Bay appraisal and due diligence

171-174 Lease of Turtle Bay lands

Note

Department of transportation’s bridge rehabilitation and replacement program; temporary exemption from certain construction requirements of part II of this chapter through June 30, 2017 or until completion. L 2012, c 218.

Development of watershed management strategies by University of Hawaii in at least two of Hawaii’s most severely flood-impacted watersheds. L 2006, c 187.

Kakaako makai; conveyance of certain parcels to office of Hawaiian affairs. L 2012, c 15.

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 private lands subject to approval. L 2015, c 119, §105.

Survey to identify potential historic districts and single-family residences for listing on Hawaii register of historic places; report to 2018 legislature. L 2015, c 89, §1.

Use of lands in public land trust; payments and accounting requirements. L 2006, c 178.

Water rights lease applications; annual reports 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.

Exception to liability for county lifeguard services, see §663-1.52.

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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