Hawaii Revised Statutes
171. Public Lands, Management and Disposition of
171-16 Notices.

§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:
(1) Time and place of the auction;
(2) General description of the land, including the address and tax map key;
(3) Specific use for which the disposition is intended; and
(4) Upset price or rental to be charged. The maps showing the metes and bounds description and the classification of the land shall be kept in the office of the board of land and natural resources and of its land agent in the county in which the land is situated, and shall be open for inspection at all reasonable hours.
(b) Drawings. Whenever a disposition by drawing by lots is proposed, public notice inviting applications to participate in the drawing shall be given once statewide and once in the county where the land being disposed of is located. The notice shall contain:
(1) The qualifications required of applicants;
(2) A general description of the land, including the address and tax map key;
(3) Specific use for which the disposition is intended; and
(4) Date by which all applications must be filed, which date shall be not less than fourteen days after the last notice.
Within forty-five days after the closing date for applications, the board shall select those qualified to participate in the drawing, notify all applicants as to whether or not they qualified, and conduct the drawing.
The notice of selection of applicants qualified to participate in the drawing, together with the notice of drawing, shall be mailed to each applicant, whether or not the applicant, in fact, qualified. The notice of the drawing shall state the time and place of the drawing. Upon completion of the drawing, the award shall be announced within one week, and the lease or patent issued within ninety days after the drawing or when the conditions of the sale are fulfilled.
(c) Negotiation. Public notice of a proposed disposition by negotiation shall be given at least once statewide and once in the county where the land being disposed of is located; provided that the notices are not required for permits, and dispositions of remnants. The notice shall invite proposals and state in general terms the size, location, and prices or rental of lots to be sold or leased, the terms of sale or lease, and the last date on which application will be received by the board, which date shall not be less than thirty days after the last date of the notice. The notice shall also state the times and places at which more detailed information with respect to the sale or lease may be secured by interested persons.
(d) Exchanges; quitclaim; submerged and reclaimed lands; reservations and easements. Whenever it is proposed to exchange public lands for private land pursuant to section 171-50, quitclaim public land or any interests of the State in private land pursuant to section 171-51, dispose of submerged or reclaimed public land pursuant to subsections (b) and (d) of section 171-53, dispose of a land license by negotiation pursuant to section 171-54, or dispose of reserved rights and easements pursuant to section 171-57, public notice of the disposition shall be given at least once statewide and once in the county where the land or other interests being disposed of are located. The notice shall state in general terms the size and location of the public lands proposed to be disposed.
(e) In addition to giving public notice, any public notice required under this section shall also be posted on the Internet in an easily-located manner. [L 1962, c 32, pt of §2; am L 1963, c 28, §2; am L 1965, c 239, §9; Supp, §103A-16; am L 1967, c 234, § §2, 4; HRS §171-16; am L 1974, c 78, §1; gen ch 1985; am L 1998, c 2, §34; am L 2001, c 202, §1]

Structure Hawaii Revised Statutes

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 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 de...

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.

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.

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.

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.

171-93 Authorization.

171-94 Persons dispossessed or displaced.

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.

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.

171-121 Molokai forest lands, management program established.

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.

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.

171-191 Definitions.

171-192 Lease restrictions.

171-193 Lessees within the last ten years of their lease terms; request for interest.