§171-42  Hotel and resort uses.  Publicland may be leased for hotel or resort development, if the department ofbusiness, economic development, and tourism finds that the land possesses theamenities for a successful hotel and resort development and that the advantagesof its placement for such use outweigh those inherent in free public use in itsnatural state.  Where the land being disposed of for hotel or resort use isdivisible into more than one economic unit, the division shall be made prior todisposition, provided that firm use controls shall be imposed to assure thatthe development of each unit is compatible with the others.  Provisions forcommunity operations of shopping areas, golf courses, and other similarfacilities shall be encouraged, with special assessments for the maintenance ofthese community facilities.  Where public land disposed of for hotel or resortuse is adjacent to any beach, waterway, or historic monument or landmark, thedisposition shall be subject to reservations of public right-of-way or publicaccess at all times to such beach, waterway, historic monument, or landmark.

The board of land and natural resources may,with the prior approval of the governor, and subject to disapproval by thelegislature by two-thirds vote of either the senate or the house ofrepresentatives or by majority vote of both, in any regular session nextfollowing the date of disposition, sell in fee simple or lease with option topurchase, raw, unimproved public land for hotel and resort use; provided that:

(1)  The board first finds that the land is suitablefor resort development and that its use for resort purposes will promote theeconomic development of the State;

(2)  The purchaser submits development plans for thearea to be purchased which conform with applicable county or city and countyzoning and subdivision requirements;

(3)  The board finds upon independent study of theseplans that the proposed development is compatible with the developments in thearea in general and consistent with good sound planning;

(4)  The purchaser agrees to construct, improve, andput in all off-site and on-site improvements as may be required by the boardwhich may include any or all of the following--all major and minor auxiliaryroads and highways as well as all local streets, all connecting water lines andmains to existing lines and mains, all necessary sewer lines, sewage treatment,or disposal plants, all pumping stations, all reservoirs, golf courses,recreational areas, shopping centers, and all other improvements necessary todevelop the raw land into an economic resort enterprise;

(5)  The purchaser agrees to complete all improvementswithin the time limitations set by the board;

(6)  The title to the land shall remain in the Stateuntil the purchaser has made all payments required in the terms of the sale andhas constructed the improvements as agreed; provided that where the purchaserfinds it necessary to secure a loan to finance the construction of theimprovements the board may issue a patent or deed upon the execution in favorof the State of a performance and payment bond conditioned upon the payment ofan amount equal to one hundred per cent of the improvement cost.  The bondshall by its terms inure to the benefit of the State;

(7)  The board shall sell for resort uses only thatportion of the public lands in the proposed resort area which it finds to beabsolutely necessary to give the purchaser self-sustaining economic operations;provided that no public land shall be included in the sale for these purposeswhich will not actually be improved and used in the resort area for resortpurposes;

(8)  The lessee with an option to purchase shall notbe permitted to exercise the option until the lessee has complied with all theterms and conditions of the lease, including but not limited to theconstruction or erection of improvements as may be required by the board.

In any disposition under this section the boardshall give consideration to the needs of the public for beach area above thehigh water mark.

Upon a finding by the board that the publicinterest demands it, the board may lease, lease with option to purchase, orsell in fee simple such public lands by negotiation; subject to the provisionscontained in this section and to such other terms and conditions contained inthis chapter. [L 1962, c 32, pt of §2; am L 1963, c 2, §1 and c 196, §§2, 3, 4;am L 1965, c 239, §21; Supp, §103A-42; HRS §171-42; gen ch 1985; am L 1987, c336, §7; am L 1990, c 293, §8]

 

Law Journals and Reviews

 

  Beach Access:  A Public Right?  23 HBJ 65.