§171-16  Notices.  (a)  Auctions. 
Public notice of any proposed disposition by auction shall be given at least
once statewide and once in the county where the land being disposed of is
located.  Notice of the auction shall contain the following:



(1)  Time and place of the auction;



(2)  General description of the land, including the
address and tax map key;



(3)  Specific use for which the disposition is
intended; and



(4)  Upset price or rental to be charged.  The maps
showing the metes and bounds description and the classification of the land
shall be kept in the office of the board of land and natural resources and of
its land agent in the county in which the land is situated, and shall be open
for inspection at all reasonable hours.



(b)  Drawings.  Whenever a disposition by
drawing by lots is proposed, public notice inviting applications to participate
in the drawing shall be given once statewide and once in the county where the
land being disposed of is located.  The notice shall contain:



(1)  The qualifications required of applicants;



(2)  A general description of the land, including the
address and tax map key;



(3)  Specific use for which the disposition is
intended; and



(4)  Date by which all applications must be filed,
which date shall be not less than fourteen days after the last notice.



Within forty-five days after the closing date for
applications, the board shall select those qualified to participate in the
drawing, notify all applicants as to whether or not they qualified, and conduct
the drawing.



The notice of selection of applicants qualified
to participate in the drawing, together with the notice of drawing, shall be
mailed to each applicant, whether or not the applicant, in fact, qualified. 
The notice of the drawing shall state the time and place of the drawing.  Upon
completion of the drawing, the award shall be announced within one week, and
the lease or patent issued within ninety days after the drawing or when the
conditions of the sale are fulfilled.



(c)  Negotiation.  Public notice of a proposed
disposition by negotiation shall be given at least once statewide and once in
the county where the land being disposed of is located; provided that the
notices are not required for permits, and dispositions of remnants.  The notice
shall invite proposals and state in general terms the size, location, and
prices or rental of lots to be sold or leased, the terms of sale or lease, and
the last date on which application will be received by the board, which date
shall not be less than thirty days after the last date of the notice.  The
notice shall also state the times and places at which more detailed information
with respect to the sale or lease may be secured by interested persons.



(d)  Exchanges; quitclaim; submerged and
reclaimed lands; reservations and easements.  Whenever it is proposed to
exchange public lands for private land pursuant to section 171-50, quitclaim
public land or any interests of the State in private land pursuant to section
171-51, dispose of submerged or reclaimed public land pursuant to subsections
(b) and (d) of section 171-53, dispose of a land license by negotiation
pursuant to section 171-54, or dispose of reserved rights and easements
pursuant to section 171-57, public notice of the disposition shall be given at
least once statewide and once in the county where the land or other interests
being disposed of are located.  The notice shall state in general terms the
size and location of the public lands proposed to be disposed.



(e)  In addition to giving public notice, any
public notice required under this section shall also be posted on the Internet
in an easily-located manner. [L 1962, c 32, pt of §2; am L 1963, c 28, §2; am L
1965, c 239, §9; Supp, §103A-16; am L 1967, c 234, §§2, 4; HRS §171-16; am L
1974, c 78, §1; gen ch 1985; am L 1998, c 2, §34; am L 2001, c 202, §1]



 



Case Notes



 



Decisions under prior law.



  Lease conforming to published notice cannot be reformed.  47
H. 28, 384 P.2d 581.



  Mentioned:  53 H. 567, 498 P.2d 631.