§171-53  Reclamation and disposition ofsubmerged or reclaimed public land.  (a)  Any submerged public land or landbeneath tidal waters shall not hereafter be reclaimed by private abuttingowners, except as hereinafter provided.

(b)  As to presently reclaimed land, the boardof land and natural resources, after finding that its disposition is notprejudicial to the best interest of the State, community or area in which suchreclaimed land is located and after giving public notice in accordance with section171-16(d) of its intention to dispose, may dispose of it, without recourse topublic auction, to the abutting owner, by sale or lease; provided that if thereclaimed land has been filled in or made with the prior approval of governmentauthorities, and not otherwise filled in or made contrary to the publicinterest, it may be disposed of at fair market value or fair market rental ofthe submerged public land, but if the reclaimed land has been filled or madeotherwise, it shall be disposed of at the fair market value or fair marketrental of the reclaimed land.

(c)  The board, with the prior approval of thegovernor and the prior authorization of the legislature by concurrentresolution, may lease state submerged lands and lands beneath tidal waters underthe terms, conditions, and restrictions provided in this chapter; provided thatthe authorization of the legislature shall not be required for leases issuedunder chapter 190D; and provided further that the approval of the governor andauthorization of the legislature shall not be required for any grant ofeasement or lease of state submerged lands or lands beneath tidal waters usedfor moorings, cables, or pipelines; provided further that this exemption shallnot apply to easements for cables used for interisland electrical transmissionor slurry pipelines used for transportive materials, mined at sea, or wasteproducts from the processing of the same.

The lease shall provide that the lands shall bereclaimed at the expense of the lessee.  Title to the reclaimed lands shallremain in the State.

(d)  Whenever in connection with reclaimedlands or the reclamation of submerged lands or lands beneath tidal waters byauthority of law, the board deems it advantageous to the State in order tosettle the rights (littoral or otherwise), if any, of an abutting owner, tocreate public beaches, or to consolidate the holdings of public lands in thevicinity or provide public ways or access to the public lands, it may, with theprior approval of the governor, sell, lease, or transfer by way of an exchange,without recourse to public auction but subject to the limitations contained insection 171-50 and to the other provisions of this chapter, lands having thestatus of public lands. [L 1962, c 32, pt of §2; am L 1965, c 239, §28; Supp,§103A-50; am L 1967, c 234, §3; HRS §171-53; am L 1981, c 199, §2; am L 1987, c367, §2; am L 1999, c 176, §1; am L 2000, c 261, §§3, 5; am L 2002, c 68, §2and c 103, §1(2); am L 2005, c 129, §2]

 

Note

 

  L 2005, c 129, §3,provides in part:  "... the department of land and natural resources isurged to commence using the prevailing real property tax assessment value ofthe fast land in determining lease rent for a lease of the state submerged landor land beneath tidal water entered into after July 1, 2006."

 

Cross References

 

  Generally, seechapter 173.