§171-20  Notice of breach or default. Except as otherwise specifically provided in this chapter, in the event of abreach or default of any term, covenant, restriction, or condition of any leaseor patent heretofore or hereafter issued under this chapter, the board of landand natural resources shall deliver a written notice of the breach or defaultby personal service or by registered or certified mail to the party in defaultand to each holder of record having any security interest in the land covered byor subject to the lease or patent making demand upon the party to cure orremedy the breach or default within sixty days from the date of receipt of thenotice; provided that where the breach involves a failure to make timely rentalpayments pursuant to the lease or patent heretofore or hereafter issued underthis chapter, the written notice shall include a demand upon the party to curethe breach within less than sixty days, but not less than five business days,after receipt of the notice.  Upon failure of the party to cure or remedy thebreach or default within the time period provided herein or within suchadditional period as the board may allow for good cause, the board may, subjectto section 171-21 exercise such rights as it may have at law or as set forth inthe lease or patent. [L 1962, c 32, pt of §2; am L 1965, c 239, §11; Supp,§103A-20; HRS §171-20; am L 1981, c 160, §1; am L 1991, c 185, §1]

 

Case Notes

 

  Sufficiency of notice.  2 H. App. 118, 627 P.2d 284.