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

PART I. GENERAL PROVISIONS

PART II. DISPOSITIONS, GENERALLY
A. Policy and Planning

  • 171-32 Policy.
    Unless otherwise specifically authorized in this chapter or by subsequent legislative acts, all dispositions shall be by lease only, disposed of by public auction...
  • 171-33 Planning; Generally.
    Prior to any notice of intended disposition, the board of land and natural resources shall: (1) Classify the land according to its use or...
  • 171-34 Planning; Intensive Agricultural and Pasture Uses.
    In addition to the requirements set forth in section 171-33, if the intended disposition is for intensive agricultural or pasture uses, the board of...

B. Leases or Sales

C. Residential Uses

D. Miscellaneous

  • 171-50 Exchanges.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-50 Exchanges. (a) Purpose. No exchange of...
  • 171-50.1 Acquisition of Lands for Exchange Under Chapter 516.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. [§171-50.1] Acquisition of lands for exchange under...
  • 171-50.2 Exchanges for Conversion of Leasehold Lands to Fee Simple Ownership.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-50.2 Exchanges for conversion of leasehold lands...
  • 171-51 Quitclaim.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-51 Quitclaim. The board of land and...
  • 171-52 Remnant.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-52 Remnant. (a) Definition. The term "remnant"...
  • 171-53 Reclamation and Disposition of Submerged or Reclaimed Public Land.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-53 Reclamation and disposition of submerged or...
  • 171-54 Land License.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-54 Land license. The board of land...
  • 171-55 Permits.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-55 Permits. Notwithstanding any other law to...
  • 171-55.5 Agricultural Plots.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. [§171-55.5] Agricultural plots. The department of land...
  • 171-56 Contract or License for Concessions or Concession Space.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-56 Contract or license for concessions or...
  • 171-57 Reserved Rights and Easements.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-57 Reserved rights and easements. Notwithstanding any...
  • 171-58 Minerals and Water Rights.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-58 Minerals and water rights. (a) Except...
  • 171-58.5 Prohibitions.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-58.5 Prohibitions. The mining or taking of...
  • 171-59 Disposition by Negotiation.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-59 Disposition by negotiation. (a) A lease...
  • 171-60 Development Through Private Developer.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-60 Development through private developer. (a) Leasehold...
  • 171-61 Cancellation, Surrender.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-61 Cancellation, surrender. When public land is...
  • 171-62 Sales; Payment, Default.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-62 Sales; payment, default. When the board...
  • 171-63 Waiver of Restrictions.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-63 Waiver of restrictions. (a) Use. Upon...
  • 171-64 Covenants Against Discrimination.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-64 Covenants against discrimination. The board of...
  • 171-64.5 Nonconventional Uses; Department of Health; Approval and Authorization; Waimano Ridge.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. [§171-64.5] Nonconventional uses; department of health; approval...
  • 171-64.7 Legislative Approval of Sale or Gift of Lands.
    Civil relief for state military forces, see chapter 657D. Disposition of state boating facility properties, see §200-2.5. §171-64.7 Legislative approval of sale or gift...

PART III. SPECIAL DISPOSITIONS; SALES AND LEASES PERMITTED
WITHOUT PUBLIC AUCTION
A. Certain Agricultural Uses,
Including Special Livestock and Pasture

B. Residential Leases

C. Disposition to Victims of Natural Disaster
1. disposition for other than residential
or agricultural purposes

  • 171-85 Definitions.
    As used in this part III C: "Disaster area" means an area proclaimed by the governor to be a disaster area. "Natural disaster" means...
  • 171-86 Purpose.
    It is the purpose of this part, in the public interest, to provide for immediate relocation and rehabilitation of disaster victims by making public...
  • 171-87 Disposition to Victims of Natural Disaster, When.
    Notwithstanding any law to the contrary, the board of land and natural resources may dispose of public land to victims of a natural disaster...
  • 171-88 Option to Purchase.
    Any owner in fee simple of private land in a disaster area who leases or who presently has a lease of public land under...
  • 171-89 Applications.
    All applications for a lease shall be filed with the board of land and natural resources within three months after the date of the...
  • 171-90 Eligibility.
    Any person shall be eligible to apply for a lease under this part if the person was an owner, lessee, or tenant in actual...
  • 171-91 Notice of Availability of Leases; Selection of Lessees.
    Notice of availability of land to be offered to qualified applicants for lease shall be by publication in accordance with the same procedure as...
  • 171-92 Existing Public Leases.
    Where a person has an unexpired lease, including a residential lease, of public land damaged by a natural disaster and rebuilding on such land...

2. disposition for residential purposes

  • 171-93 Authorization.
    Infrastructure development fund (Kikala-Keokea), see §171-19.5. §171-93 Authorization. The board of land and natural resources may dispose of by sale, lease, or lease with...
  • 171-94 Persons Dispossessed or Displaced.
    Infrastructure development fund (Kikala-Keokea), see §171-19.5. §171-94 Persons dispossessed or displaced. For the purposes of this part, a person dispossessed or displaced by natural...

D. Disposition to Government Agencies and Public Utilities

PART IV. RELATING TO EXISTING HOMESTEAD RIGHTS;
CONTINUATION THEREOF AND REMOVAL OF CERTAIN RESTRICTIONS

PART V. LANDS FOR AGRICULTURAL PURPOSES

PART VI. ECONOMIC DEVELOPMENT

PART VII. INDUSTRIAL PARKS

PART VIII. RESTORATION OF BEACH LANDS

  • 171-151 Definitions.
    For the purposes of this part: "Beach lands" means all lands in the shoreline area including sand, rocky, or cobble beaches, dune systems, landward...
  • 171-152 General Powers.
    (a) In carrying out its functions under this part, the board may do all things necessary, useful, and convenient in connection with the restoration...
  • 171-153 Beach Restoration Plan.
    The department shall prepare and, from time to time, revise plans for the restoration of beach lands of the State. These plans shall guide...
  • 171-154 Authority to Lease Coastal Lands.
    The board, subject to this chapter, may lease public coastal lands under the board's jurisdiction for the purpose of generating revenues to be deposited...
  • 171-155 Development of Public Coastal Lands.
    On the lands subject to this part, the board may undertake appropriate development to generate revenues for beach restoration which is consistent with this...
  • 171-156 Beach Restoration Special Fund.
    (a) There is established in the state treasury a special fund to be designated as the "beach restoration special fund" to carry out the...

PART IX. TURTLE BAY, OAHU

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).

Last modified: October 27, 2016