B.  Leases or Sales

 

Cross References

 

  Civil relief for state military forces, see chapter 657D.

  Disposition of state boating facility properties, see§200-2.5.

 

§171-35  Lease provisions; generally. Every lease issued by the board of land and natural resources shall contain:

(1)  The specific use or uses to which the land is tobe employed;

(2)  The improvements required; provided that aminimum reasonable time be allowed for the completion of the improvements;

(3)  Restrictions against alienation as set forth insection 171-36;

(4)  The rent, as established by the board or atpublic auction, which shall be payable not more than one year in advance, inmonthly, quarterly, semiannual, or annual payments;

(5)  Where applicable, adequate protection of forests,watershed areas, game management areas, wildlife sanctuaries, and publichunting areas, reservation of rights-of-way and access to other public lands,public hunting areas, game management areas, or public beaches, and preventionof nuisance and waste; and

(6)  Such other terms and conditions as the boarddeems advisable to more nearly effectuate the purposes of the stateconstitution and of this chapter. [L 1962, c 32, pt of §2; am L 1965, c 239,§17; Supp, §103A-35; HRS §171-35; am L 1981, c 116, §6; am L 1989, c 253, §1]

 

Attorney General Opinions

 

  Land board may require compliance with county ordinancesexcept planning and zoning laws. Att. Gen. Op. 86-3.

 

Law Journals and Reviews

 

  Beach Access:  A Public Right?  23 HBJ 65.

 

Case Notes

 

  Cited:  53 H. 567, 498 P.2d 631.

Decisions under prior law.

  "General leases" discussed.  23 H. 621.  Generallease is any lease not described by the Revised Laws.  Id.

  Refusal of lessee after notice of withdrawal to part withpossession constitutes breach of a condition of the lease and works aforfeiture thereof.  24 H. 165.

  Leases let at public auction not subject to reformation.  47H. 28, 384 P.2d 581.