§171-63  Waiver of restrictions.  (a) 
Use.  Upon application by the owner and consent therefor having been given by
each holder of record having a security interest, and after a finding that the
public interest will be served thereby, the board of land and natural resources
may amend or waive the conditions restricting the use of land contained in any
agreement of sale, deed, or patent upon the condition that the grantee or
patentee pay to the board the difference between the fair market value of the
land based upon its restricted use and the fair market value with the
restrictive condition amended or waived.  The foregoing authority granted to
the board shall not be construed to authorize the board to waive the condition
contained in any agreement of sale, deed, or patent which provides that upon
change in use or breach of a condition, the title automatically reverts back to
the State, or the State shall have power of termination.



(b)  Residential lots.  In case of a
residential lot, the board, subject to the consent of each holder of record
having a security interest, may waive strict adherence to the use thereof for
residential purposes, if the owner or lessee desires to utilize part of the
land for agricultural purposes together with the owner's or lessee's residence,
provided that the agricultural use is not inconsistent or contrary to local
applicable health or zoning ordinances and upon the condition that the grantee
or patentee pay to the board the difference between the fair market value of
the land based upon its restricted use and the fair market value with the
restrictive condition amended or waived.  The foregoing authority granted to
the board shall not be construed to authorize the board to waive the condition
contained in any agreement of sale, deed, or patent which provides that upon
change in use or breach of a condition, the title automatically reverts back to
the State, or the State shall have power of termination.  Anything in this
chapter to the contrary notwithstanding, in case of a residential lot sold in
fee simple:



(1)  All restrictions relating to the use thereof
shall expire ten years after the date of the issuance of the patent or deed by
the State or fifteen years after the date of the sale by the State, whichever
is sooner, provided that any change in use of the lot after the ten or fifteen
years, as the case may be, shall be in accordance with applicable state and
county zoning requirements; and



(2)  Upon an application signed by all land owners in
the subdivision, the board may waive any restrictive covenant upon the land, as
long as the waiver shall not cause a violation of any state or county zoning
requirements. [L 1962, c 32, pt of §2; Supp, §103A-59; am L 1967, c 234, §13;
HRS §171-63; gen ch 1985; am L 1992, c 168, §1]



 



Case Notes



 



  Restrictive covenant pertaining to height did not expire;
term "use" refers to the use of the property for residential
purposes.  70 H. 321, 770 P.2d 414.