§171-42  Hotel and resort uses.  Public
land may be leased for hotel or resort development, if the department of
business, economic development, and tourism finds that the land possesses the
amenities for a successful hotel and resort development and that the advantages
of its placement for such use outweigh those inherent in free public use in its
natural state.  Where the land being disposed of for hotel or resort use is
divisible into more than one economic unit, the division shall be made prior to
disposition, provided that firm use controls shall be imposed to assure that
the development of each unit is compatible with the others.  Provisions for
community operations of shopping areas, golf courses, and other similar
facilities shall be encouraged, with special assessments for the maintenance of
these community facilities.  Where public land disposed of for hotel or resort
use is adjacent to any beach, waterway, or historic monument or landmark, the
disposition shall be subject to reservations of public right-of-way or public
access 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 the
legislature by two-thirds vote of either the senate or the house of
representatives or by majority vote of both, in any regular session next
following the date of disposition, sell in fee simple or lease with option to
purchase, raw, unimproved public land for hotel and resort use; provided that:



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



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



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



(4)  The purchaser agrees to construct, improve, and
put in all off-site and on-site improvements as may be required by the board
which may include any or all of the following--all major and minor auxiliary
roads and highways as well as all local streets, all connecting water lines and
mains 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 to
develop the raw land into an economic resort enterprise;



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



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



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



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



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



Upon a finding by the board that the public
interest demands it, the board may lease, lease with option to purchase, or
sell in fee simple such public lands by negotiation; subject to the provisions
contained in this section and to such other terms and conditions contained in
this 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, c
336, §7; am L 1990, c 293, §8]



 



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  Beach Access:  A Public Right?  23 HBJ 65.