§171-14.5 - Auction pre-qualification; agricultural and pasture leases.
§171-14.5 Auction pre-qualification;
agricultural and pasture leases. (a) Whenever used in this section,
unless otherwise apparent from the context:
"Farm" also means "ranch"
and "farmer" also means "rancher".
"Individual" means a natural person
who is not a part of a partnership, corporation, or joint venture which
is a potential bidder under this section.
"Nonindividual concern" means a
partnership, corporation, or joint venture properly formed under law and which
is a potential bidder under this section.
(b) Any other law to the contrary
notwithstanding, to be eligible to bid in an auction for agricultural or
pasture leases, a potential bidder shall be a bona fide individual farmer or a
nonindividual farm concern:
(1) Who has spent not less than two years, full-time,
in farming operations;
(2) Who is an owner-operator of an established farm
conducting a substantial farming operation;
(3) Who for a substantial period of the individual's
adult life resided on a farm and depended on farm income for a livelihood;
(4) Who is an individual who has been a farm tenant
or farm laborer or other individual, who has for the two years last preceding
the auction obtained the major portion of their income from farming operations;
(5) Is an individual with a college degree in
agriculture;
(6) Is an individual who by reason of ability,
experience, and training as a vocational trainee is likely to successfully
operate a farm;
(7) Who has qualified for and received a commitment
for a loan under the Bankhead-Jones Farm Tenant Act as amended, or as may
hereafter be amended, for the acquisition of a farm;
(8) Who is an individual who is displaced from
employment in an agricultural production enterprise;
(9) Who is a member of the Hawaii Young Farmer
Association or a Future Farmer of America graduate with two years of training
with farming projects;
(10) Who possesses the qualifications under the new
farmer program pursuant to section 155-1; or
(11) Who possesses other qualifications as the board
of land and natural resources may prescribe pursuant to section 171-6 and this
section. [L 1982, c 131, §1; am L 2000, c 51, §14]