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



Any public lands set aside by the governor
prior to the enactment of this chapter, or any public lands set aside by the
governor of the Territory of Hawaii, shall be subject to the provisions of this
section.



Lands while so set aside for such use or
purpose or when acquired for roads and streets shall be managed by the
department, agency, city and county, county, or other political subdivisions of
the State having jurisdiction thereof, unless otherwise provided by law.  Such
department, agency of the State, the city and county, county, or other
political subdivisions of the State in managing such lands shall be authorized
to exercise all of the powers vested in the board in regard to the issuance of
leases, easements, licenses, revocable permits, concessions, or rights of entry
covering such lands for such use as may be consistent with the purposes for
which the lands were set aside on the same terms, conditions, and restrictions
applicable to the disposition of public lands, as provided by this chapter all
such dispositions being subject to the prior approval of the board; provided
that any nonrenewable dispositions granting rights for a period not in excess
of fourteen days shall not require (1) the approval of the board or (2) public
auction or public advertisement for sealed tenders; and provided further that
disposition of lands set aside for use as agricultural parks pursuant to
chapter 166 shall not be subject to the prior approval of the board.  If at the
time of the disposition of any such leases the board shall have approved the
same, any order withdrawing or setting aside any or all of such lands for any
other public purpose shall be made subject to such leases.  Subject to section
5(f) of the Act of March 18, 1959 (73 Stat. 6), all proceeds from such lands
shall be deposited into the appropriate funds provided by law.



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



Whenever lands set aside for a public purpose
to the various departments and agencies of the State, or to any city and
county, county, or other political subdivi­sions of the State, or to the United
States, are not being utilized or required for the public purpose stated, the
order setting aside the lands shall be withdrawn and the lands shall be
returned to the department.  The governor may withdraw public lands and, with
the prior approval of the board of land and natural resources, set aside the
withdrawn lands to another department or agency of the State, the city and
county, county, or political subdivision of the State, or to the United States
for public use or purpose, provided that no structure on such lands shall be
built, demolished or altered until after the legislative action or inaction as
hereinbelow provided.



The power granted to the governor in this
section to set aside or withdraw or withdraw and set aside public lands shall
be exercised subject to disapproval by the legislature by two-thirds vote of
either the senate or the house of representatives or by the majority vote of
both, in any regular or special session next following the date of the setting
aside or withdrawal, or withdrawal and setting aside.



Whenever portions of lands set aside for a
public purpose to the various departments and agencies of the State, or to any
city and county, county, or other political subdivision of the State are not
presently utilized or required for the public purpose stated, the board shall
have the power, without withdrawing the order setting aside the lands, to
dispose of any and all real property interest less than the fee in the portions
of such lands where the disposition is for a use which is consistent or
inconsistent with the purpose for which the land was set aside.  All funds
derived from disposition by the board shall be deposited in the general fund of
the State or be paid to the appropriate account; provided that all such
dispositions shall be with the prior written approval of the department,
agency, city and county, county, or other political subdivisions of the State
and the governor, and shall be undertaken in compliance with all other
applicable 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 volume
1.



 



Attorney General Opinions



 



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



 



Law Journals and Reviews



 



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



 



Case Notes



 



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