§171-11 Public purposes, lands set aside bythe governor; management.  The governor may, with the prior approval of theboard of land and natural resources, set aside public lands to any departmentor agency of the State, the city and county, county, or other politicalsubdivisions of the State for public use or purpose.  All withdrawals of thelands or portions thereof so set aside shall be made by the governor.

Any public lands set aside by the governorprior to the enactment of this chapter, or any public lands set aside by thegovernor of the Territory of Hawaii, shall be subject to the provisions of thissection.

Lands while so set aside for such use orpurpose or when acquired for roads and streets shall be managed by thedepartment, agency, city and county, county, or other political subdivisions ofthe State having jurisdiction thereof, unless otherwise provided by law.  Suchdepartment, agency of the State, the city and county, county, or otherpolitical subdivisions of the State in managing such lands shall be authorizedto exercise all of the powers vested in the board in regard to the issuance ofleases, easements, licenses, revocable permits, concessions, or rights of entrycovering such lands for such use as may be consistent with the purposes forwhich the lands were set aside on the same terms, conditions, and restrictionsapplicable to the disposition of public lands, as provided by this chapter allsuch dispositions being subject to the prior approval of the board; providedthat any nonrenewable dispositions granting rights for a period not in excessof fourteen days shall not require (1) the approval of the board or (2) publicauction or public advertisement for sealed tenders; and provided further thatdisposition of lands set aside for use as agricultural parks pursuant tochapter 166 shall not be subject to the prior approval of the board.  If at thetime of the disposition of any such leases the board shall have approved thesame, any order withdrawing or setting aside any or all of such lands for anyother public purpose shall be made subject to such leases.  Subject to section5(f) of the Act of March 18, 1959 (73 Stat. 6), all proceeds from such landsshall be deposited into the appropriate funds provided by law.

This section shall also apply where thepurposes are the uses and purposes of the United States; provided that allrevenues derived from the lands and improve­ments thereon shall be paid to thedepartment of land and natural resources by the United States.

Whenever lands set aside for a public purposeto the various departments and agencies of the State, or to any city andcounty, county, or other political subdivi­sions of the State, or to the UnitedStates, are not being utilized or required for the public purpose stated, theorder setting aside the lands shall be withdrawn and the lands shall bereturned to the department.  The governor may withdraw public lands and, withthe prior approval of the board of land and natural resources, set aside thewithdrawn lands to another department or agency of the State, the city andcounty, county, or political subdivision of the State, or to the United Statesfor public use or purpose, provided that no structure on such lands shall bebuilt, demolished or altered until after the legislative action or inaction ashereinbelow provided.

The power granted to the governor in thissection to set aside or withdraw or withdraw and set aside public lands shallbe exercised subject to disapproval by the legislature by two-thirds vote ofeither the senate or the house of representatives or by the majority vote ofboth, in any regular or special session next following the date of the settingaside or withdrawal, or withdrawal and setting aside.

Whenever portions of lands set aside for apublic purpose to the various departments and agencies of the State, or to anycity and county, county, or other political subdivision of the State are notpresently utilized or required for the public purpose stated, the board shallhave the power, without withdrawing the order setting aside the lands, todispose of any and all real property interest less than the fee in the portionsof such lands where the disposition is for a use which is consistent orinconsistent with the purpose for which the land was set aside.  All fundsderived from disposition by the board shall be deposited in the general fund ofthe State or be paid to the appropriate account; provided that all suchdispositions shall be with the prior written approval of the department,agency, city and county, county, or other political subdivisions of the Stateand the governor, and shall be undertaken in compliance with all otherapplicable sections of this chapter. [L 1962, c 32, pt of §2; am L 1963, c 173,§1; am L 1965, c 239, §8; Supp, §103A-11; am L 1967, c 189, §4 and c 234, §1;HRS §171-11; am L 1974, c 16, §1; am L 1981, c 116, §4; am L 1988, c 22, §6]

 

Cross References

 

  Act of March 18, 1959 is the Hawaii Admission Act, see volume1.

 

Attorney General Opinions

 

  Allowance of use of armories for private functions must be inaccordance with this section if armories are on lands set aside by executiveorders, and in accordance with §121-19 if armories are on license from federalgovernment.  Att. Gen. op. 71-1.

 

Law Journals and Reviews

 

  Kapiolani Park Preservation Society v. City and County ofHonolulu: The Lease of Public Park Land as a Breach of a Charitable Trust.  11UH L. Rev. 199.

 

Case Notes

 

  Kapiolani Park Preservation Society v. City and County ofHonolulu: The Lease of Public Park Land as a Breach of a Charitable Trust.  11UH L. Rev. 199.