§171-33  Planning; generally.  Prior toany notice of intended disposition, the board of land and natural resourcesshall:

(1)  Classify the land according to its use or uses asprovided in this chapter;

(2)  Determine the specific use or uses for which thedisposition is intended;

(3)  Parcel land into units of minimum size areasrelated to the intended specific use or uses and sufficient for an economicoperation, hereinafter called an "economic unit";

(4)  Determine the requirements for the constructionof building or other improvements, which are necessary or desirable toencourage the highest use of the land;

(5)  Determine the upset price or lease rental, basedupon the fair market value of the land employed to the specific use or uses forwhich the disposition is being made, with due consideration for all of theterms and conditions of the disposition;

(6)  Determine the necessary conditions of dispositionwhich will discourage speculation;

(7)  In the case of leases, determine the minimumtenure necessary to support the intended use or uses and the necessity forperiodic rent openings in long-term leases to assure the State a fair return;

(8)  Prepare the proposed documents and make themavailable for public inspection;

(9)  Determine, two years before the expiration of theterm of any lease, whether the premises are to be demised for the same use oruses under a new lease or whether all or any part thereof is to be reserved forother use or uses and then promptly notify the lessee of the determination. [L1962, c 32, pt of §2; am L 1965, c 239, §16; Supp, §103A-33; HRS §171-33]

 

Case Notes

 

  Absent showing that lot sizes were unrelated to intended useand insufficient for economic operation, court held board did not abusediscretion in setting lot size.  60 H. 228, 588 P.2d 430.

  Former similar law cited:  18 H. 221, 240.