§6E-10  Privately owned historic property. 
(a)  Before any construction, alteration, disposition or improvement of any
nature, by, for, or permitted by a private landowner may be commenced which
will affect an historic property on the Hawaii register of historic places, the
landowner shall notify the department of the construction, alteration,
disposition, or improvement of any nature and allow the department opportunity
for review of the effect of the proposed construction, alteration, disposition,
or improvement of any nature on the historic property.  The proposed
construction, alteration, disposition, or improvement of any nature shall not
be commenced, or in the event it has already begun, continue, until the
department shall have given its concurrence or ninety days have elapsed. 
Within ninety days after notification, the department shall:



(1)  Commence condemnation proceedings for the
purchase of the historic property if the department and property owner do not
agree upon an appropriate course of action;



(2)  Permit the owner to proceed with the owner's
construction, alteration, or improvement; or



(3)  In coordination with the owner, undertake or
permit the investigation, recording, preservation, and salvage of any
historical information deemed necessary to preserve Hawaiian history, by any
qualified agency for this purpose.



(b)  Nothing in this section shall be construed
to prevent the ordinary maintenance or repair of any feature in or on an
historic property that does not involve a change in design, material, or outer
appearance or change in those characteristics which qualified the historic
property for entry onto the Hawaii register of historic places.



(c)  Any person, natural or corporate, who
violates the provisions of this section shall be fined not more than $1,000,
and each day of continued violation shall constitute a distinct and separate
offense under this section for which the offender may be punished.



(d)  If funds for the acquisition of needed
property are not available, the governor may, upon the recommendation of the
department allocate from the contingency fund an amount sufficient to acquire
an option on the property or for the immediate acquisition, preservation,
restoration, or operation of the property.



(e)  The department may enter, solely in
performance of its official duties and only at reasonable times, upon private
lands for examination or survey thereof.  Whenever any member of the department
duly authorized to conduct investigations and surveys of an historic or cultural
nature determines that entry onto private lands for examination or survey of
historic or cultural finding is required, the department shall give written
notice of the finding to the owner or occupant of such property at least five
days prior to entry.  If entry is refused, the member may make a complaint to
the district court in the circuit in which such land is located.  The district
court may thereupon issue a warrant, directed to any police officer of the
circuit, commanding the officer to take sufficient aid, and, being accompanied
by a member of the department, between the hours of sunrise and sunset, allow
the member of the department to examine or survey the historic or cultural
property. [L 1976, c 104, pt of §2; gen ch 1985; am L 1992, c 113, §2; am L
2008, c 228, §3; am L 2009, c 4, §3]