PART I. GENERAL PROVISIONS

 

§171-1  Definitions.  In this chapter,if not inconsistent with the context:

"Abandoned property" or"property abandoned" means any and all property, including personalproperty, items, materials, equipment, fixtures, motor vehicles, or vessels,that has been left unattended on land owned or controlled by the State withoutauthority for a continuous period of more than twenty-four hours.

"Accreted lands" means lands formedby the gradual accumulation of land on a beach or shore along the ocean by theaction of natural forces.

"Agriculture or agricultural" meansthe planting, cultivating, harvesting, and processing of crops, including thoseplanted, cultivated, harvested, and processed for food, ornamental, grazing, orforestry purposes, and including aquatic life farmed or ranched as aquacultureas defined by section 187A-1.

"Animal unit" means one mature cow orhorse; two yearling steers or heifers; five mature sheep; twelve weaned lambs;two colts.

"Board" means the board of land andnatural resources.

"Carrying capacity" means the maximumnumber of animal units which an area will support over a period of yearswithout injury to the soil, forage resources, tree growth, watershed, orunwarranted interference with other services of the land.

"Chairperson" means the chairpersonof the board of land and natural resources.

"Department" means the department ofland and natural resources.

"District" means the land district asconstituted under this chapter.

"Holder of record having a securityinterest" is a person who is the owner or possessor of a security interestin any land covered in section 171-21 and who has filed with the bureau ofconveyances of the State and with the department a copy of the interest.

"Land" includes all interests thereinand natural resources including water, minerals, and all such things connectedwith land, unless otherwise expressly provided.

"Land agent" means the land agent ofthe public lands of the district where the land is situated.

"Land license" means a privilegegranted to enter land for a certain special purpose such as the removal oftimber, soil, sand, gravel, stone, hapuu, and plants, but not including waterrights, ground or surface, nor removal of minerals.

"Land patent" means a governmentgrant of real estate in fee simple.

"Lease" means the right to possessand use land for a term of years.

"Person" includes individual,partnership, corporation, and association, except as otherwise defined in thischapter.

"Public purpose", as used in thischapter, unless the context clearly indicates otherwise, includes but shall notbe limited to all public uses, the straightening of boundaries of public lands,acquisition of access to landlocked public lands, the consolidation of theholdings of public lands, development of houselots, farmlots, and industrialparks.

"Seized property" or "propertyseized" means any and all property, including personal property, items,materials, equipment, fixtures, motor vehicles, or vessels, that has been seizedby the State as the result of an unauthorized use of or encroachment on landowned or controlled by the State.

"Unencumbered public lands" means anylands defined as public lands by section 171-2 and which have not been:

(1)  Set aside for any purpose, by statute, executiveorder, or other means to a governmental agency; or

(2)  Encumbered by lease, license, permit, easement,or other document issued by the department.

Unencumbered public lands include, but are notlimited to, beach and coastal areas, submerged lands, and mountainous nonforestreserve, wildlife, or park areas. [L 1962, c 32, pt of §2; am L 1965, c 239,§1; Supp, §103A-1; HRS §171-1; am L 1971, c 30, §1; am L 1973, c 68, §2; am L1986, c 184, §2; am L 1988, c 136, §1 and c 361, §2; am L 1993, c 81, §2; gench 1993; am L 2003, c 73, §1]

 

Law Journals and Reviews

 

  For an account of thechange from the ancient Hawaiian land system, see The Hawaiian Land Revolution,Jon J. Chinen, 5 HBJ 11.

 

Case Notes

 

  "Townlots".  17 H. 539.

  Person seeking toenforce mechanic's lien is not within term "holder of record of anysecurity interest".  51 H. 87, 451 P.2d 809.

  Overall purpose ofthis chapter is preservation of assets of the State.  60 H. 228, 588 P.2d 430.

  Surety on lease notnecessarily a "holder of a security interest".  2 H. App. 118, 627P.2d 284.