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 personal
property, items, materials, equipment, fixtures, motor vehicles, or vessels,
that has been left unattended on land owned or controlled by the State without
authority for a continuous period of more than twenty-four hours.



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



"Agriculture or agricultural" means
the planting, cultivating, harvesting, and processing of crops, including those
planted, cultivated, harvested, and processed for food, ornamental, grazing, or
forestry purposes, and including aquatic life farmed or ranched as aquaculture
as defined by section 187A-1.



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



"Board" means the board of land and
natural resources.



"Carrying capacity" means the maximum
number of animal units which an area will support over a period of years
without injury to the soil, forage resources, tree growth, watershed, or
unwarranted interference with other services of the land.



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



"Department" means the department of
land and natural resources.



"District" means the land district as
constituted under this chapter.



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



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



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



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



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



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



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



"Public purpose", as used in this
chapter, unless the context clearly indicates otherwise, includes but shall not
be limited to all public uses, the straightening of boundaries of public lands,
acquisition of access to landlocked public lands, the consolidation of the
holdings of public lands, development of houselots, farmlots, and industrial
parks.



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



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



(1)  Set aside for any purpose, by statute, executive
order, 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 not
limited to, beach and coastal areas, submerged lands, and mountainous nonforest
reserve, 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 L
1986, c 184, §2; am L 1988, c 136, §1 and c 361, §2; am L 1993, c 81, §2; gen
ch 1993; am L 2003, c 73, §1]



 



Law Journals and Reviews



 



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



 



Case Notes



 



  "Town
lots".  17 H. 539.



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



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



  Surety on lease not
necessarily a "holder of a security interest".  2 H. App. 118, 627
P.2d 284.