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

(1)  Time and place of the auction;

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

(3)  Specific use for which the disposition isintended; and

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

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

(1)  The qualifications required of applicants;

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

(3)  Specific use for which the disposition isintended; 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 forapplications, the board shall select those qualified to participate in thedrawing, notify all applicants as to whether or not they qualified, and conductthe drawing.

The notice of selection of applicants qualifiedto participate in the drawing, together with the notice of drawing, shall bemailed 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.  Uponcompletion of the drawing, the award shall be announced within one week, andthe lease or patent issued within ninety days after the drawing or when theconditions of the sale are fulfilled.

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

(d)  Exchanges; quitclaim; submerged andreclaimed lands; reservations and easements.  Whenever it is proposed toexchange public lands for private land pursuant to section 171-50, quitclaimpublic land or any interests of the State in private land pursuant to section171-51, dispose of submerged or reclaimed public land pursuant to subsections(b) and (d) of section 171-53, dispose of a land license by negotiationpursuant to section 171-54, or dispose of reserved rights and easementspursuant to section 171-57, public notice of the disposition shall be given atleast once statewide and once in the county where the land or other interestsbeing disposed of are located.  The notice shall state in general terms thesize and location of the public lands proposed to be disposed.

(e)  In addition to giving public notice, anypublic notice required under this section shall also be posted on the Internetin an easily-located manner. [L 1962, c 32, pt of §2; am L 1963, c 28, §2; am L1965, c 239, §9; Supp, §103A-16; am L 1967, c 234, §§2, 4; HRS §171-16; am L1974, 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.  47H. 28, 384 P.2d 581.

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