§171-2  Definition of public lands. 
"Public lands" means all lands or interest therein in the State
classed as government or crown lands previous to August 15, 1895, or acquired
or reserved by the government upon or subsequent to that date by purchase, exchange,
escheat, or the exercise of the right of eminent domain, or in any other
manner; including accreted lands not otherwise awarded, submerged lands, and
lands beneath tidal waters which are suitable for reclamation, together with
reclaimed lands which have been given the status of public lands under this
chapter, except:



(1)  Lands designated in section 203 of the Hawaiian
Homes Commission Act, 1920, as amended;



(2)  Lands set aside pursuant to law for the use of
the United States;



(3)  Lands being used for roads and streets;



(4)  Lands to which the United States relinquished the
absolute fee and ownership under section 91 of the Hawaiian Organic Act prior
to the admission of Hawaii as a state of the United States unless subsequently
placed under the control of the board of land and natural resources and given
the status of public lands in accordance with the State Constitution, the
Hawaiian Homes Commission Act, 1920, as amended, or other laws;



(5)  Lands to which the University of Hawaii holds title;



(6)  Lands to which the Hawaii housing finance and
development corporation in its corporate capacity holds title;



(7)  Lands to which the Hawaii community development
authority in its corporate capacity holds title;



(8)  Lands to which the department of agriculture
holds title by way of foreclosure, voluntary surrender, or otherwise, to
recover moneys loaned or to recover debts otherwise owed the department under
chapter 167;



(9)  Lands which are set aside by the governor to the
Aloha Tower development corporation; lands leased to the Aloha Tower
development corporation by any department or agency of the State; or lands to
which the Aloha Tower development corporation holds title in its corporate
capacity;



(10)  Lands which are set aside by the governor to the
agribusiness development corporation; lands leased to the agribusiness
development corporation by any department or agency of the State; or lands to
which the agribusiness development corporation in its corporate capacity holds
title; and



(11)  Lands to which the high technology development
corporation in its corporate capacity holds title. [L 1962, c 32, pt of §2; am
L 1965, c 239, §37; Supp, §103A-2; HRS §171-2; am L 1981, c 116, §1; am L 1984,
c 19, §1; am L 1987, c 337, §7(1); am L 1989, c 27, §2; am L 1990, c 86, §12;
am L 1997, c 350, §14; am L 1998, c 102, §2 and c 176, §6; am L 2003, c 47, §1,
c 73, §2, and c 93, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16]



 



Cross References



 



  Generally, see notes to Organic Act §73.



  Legislative approval of sale or gift of lands, see §171-64.7.



 



Attorney General Opinions



 



  Inasmuch as the genetic material or composition of the
natural resources and things connected to public lands, including ceded lands,
are an integral part of those resources and things, title to biogenetic
resources will still be held by State if it has not sold the land.  Legal title
to biogenetic resources gathered from state public lands will not still be
vested in the State if third persons were allowed to remove from public lands the
natural resource or thing from which the biogenetic resources were extracted or
the State sold or leased title to a parcel of public land without reserving
title or retaining control of the resources or things connected to the
transferred land, or their biogenetic contents.  Att. Gen. Op. 03-3.



 



Law Journals and Reviews



 



  Biopiracy in Paradise?:  Fulfilling the Legal Duty to
Regulate Bioprospecting in Hawai`i.  28 UH L. Rev. 387.