§171-2  Definition of public lands. "Public lands" means all lands or interest therein in the Stateclassed as government or crown lands previous to August 15, 1895, or acquiredor 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 othermanner; including accreted lands not otherwise awarded, submerged lands, andlands beneath tidal waters which are suitable for reclamation, together withreclaimed lands which have been given the status of public lands under thischapter, except:

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

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

(3)  Lands being used for roads and streets;

(4)  Lands to which the United States relinquished theabsolute fee and ownership under section 91 of the Hawaiian Organic Act priorto the admission of Hawaii as a state of the United States unless subsequentlyplaced under the control of the board of land and natural resources and giventhe status of public lands in accordance with the State Constitution, theHawaiian 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 anddevelopment corporation in its corporate capacity holds title;

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

(8)  Lands to which the department of agricultureholds title by way of foreclosure, voluntary surrender, or otherwise, torecover moneys loaned or to recover debts otherwise owed the department underchapter 167;

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

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

(11)  Lands to which the high technology developmentcorporation in its corporate capacity holds title. [L 1962, c 32, pt of §2; amL 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 thenatural resources and things connected to public lands, including ceded lands,are an integral part of those resources and things, title to biogeneticresources will still be held by State if it has not sold the land.  Legal titleto biogenetic resources gathered from state public lands will not still bevested in the State if third persons were allowed to remove from public lands thenatural resource or thing from which the biogenetic resources were extracted orthe State sold or leased title to a parcel of public land without reservingtitle or retaining control of the resources or things connected to thetransferred land, or their biogenetic contents.  Att. Gen. Op. 03-3.

 

Law Journals and Reviews

 

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