§6E-10  Privately owned historic property. (a)  Before any construction, alteration, disposition or improvement of anynature, by, for, or permitted by a private landowner may be commenced whichwill affect an historic property on the Hawaii register of historic places, thelandowner shall notify the department of the construction, alteration,disposition, or improvement of any nature and allow the department opportunityfor review of the effect of the proposed construction, alteration, disposition,or improvement of any nature on the historic property.  The proposedconstruction, alteration, disposition, or improvement of any nature shall notbe commenced, or in the event it has already begun, continue, until thedepartment shall have given its concurrence or ninety days have elapsed. Within ninety days after notification, the department shall:

(1)  Commence condemnation proceedings for thepurchase of the historic property if the department and property owner do notagree upon an appropriate course of action;

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

(3)  In coordination with the owner, undertake orpermit the investigation, recording, preservation, and salvage of anyhistorical information deemed necessary to preserve Hawaiian history, by anyqualified agency for this purpose.

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

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

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

(e)  The department may enter, solely inperformance of its official duties and only at reasonable times, upon privatelands for examination or survey thereof.  Whenever any member of the departmentduly authorized to conduct investigations and surveys of an historic or culturalnature determines that entry onto private lands for examination or survey ofhistoric or cultural finding is required, the department shall give writtennotice of the finding to the owner or occupant of such property at least fivedays prior to entry.  If entry is refused, the member may make a complaint tothe district court in the circuit in which such land is located.  The districtcourt may thereupon issue a warrant, directed to any police officer of thecircuit, commanding the officer to take sufficient aid, and, being accompaniedby a member of the department, between the hours of sunrise and sunset, allowthe member of the department to examine or survey the historic or culturalproperty. [L 1976, c 104, pt of §2; gen ch 1985; am L 1992, c 113, §2; am L2008, c 228, §3; am L 2009, c 4, §3]