§171-33  Planning; generally.  Prior to
any notice of intended disposition, the board of land and natural resources
shall:



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



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



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



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



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



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



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



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



(9)  Determine, two years before the expiration of the
term of any lease, whether the premises are to be demised for the same use or
uses under a new lease or whether all or any part thereof is to be reserved for
other use or uses and then promptly notify the lessee of the determination. [L
1962, 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 use
and insufficient for economic operation, court held board did not abuse
discretion in setting lot size.  60 H. 228, 588 P.2d 430.



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