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



Prior to the leasing of any lands, the board
shall determine the feasibility of hunting on such lands, and if any of them is
suitable for hunting or may during the term of the lease become suitable for
hunting, the board may reserve such lands as game management areas or public
hunting areas.  Where the board finds that hunting on such lands would not be
consistent with the rights of the lessee or for other good cause, the board
need not reserve such lands as game management areas or public hunting areas.



The cost of such rights-of-way and any fencing
which may be required shall be borne by the State, lessee or jointly as the
board 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 to
Iroquois Point Beach.  30 UH L. Rev. 495.



 



Case Notes



 



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