§171-26  Rights-of-way to the sea, gamemanagement areas, and public hunting areas.  Prior to the disposition ofany public lands, the board of land and natural resources shall lay out andestablish over and across such lands a reasonable number of rights-of-way fromestablished highways to the public beaches, game management areas, publichunting areas, and public forests and forest reserves in order that the rightof the people to utilize the public beaches, game management areas, publichunting areas, and public forests and forest reserves shall be protected.

Prior to the leasing of any lands, the boardshall determine the feasibility of hunting on such lands, and if any of them issuitable for hunting or may during the term of the lease become suitable forhunting, the board may reserve such lands as game management areas or publichunting areas.  Where the board finds that hunting on such lands would not beconsistent with the rights of the lessee or for other good cause, the boardneed not reserve such lands as game management areas or public hunting areas.

The cost of such rights-of-way and any fencingwhich may be required shall be borne by the State, lessee or jointly as theboard may deem appropriate prior to the leasing of such lands. [L 1962, c 32,pt of §2; am L 1965, c 239, §14; Supp, §103A-26; HRS §171-26; am L 1970, c 83,§2; am L 1981, c 116, §5]

 

Cross References

 

  Fish and game, generally, see chapters 183D and 187A to 190.

 

Law Journals and Reviews

 

  Beach Access:  A Public Right?  23 HBJ 65.

  Public Beach Access:  A Right for All?  Opening the Gate toIroquois Point Beach.  30 UH L. Rev. 495.

 

Case Notes

 

  Claim for relief against state officials based on allegedillegality of exchange of ceded lands was barred by State's sovereign immunity. 73 H. 578, 837 P.2d 1247.