§171-67  Restrictions; conditions.  Inaddition to such other restrictions or conditions that may be established bythe board of land and natural resources to carry out the purpose of thischapter and of the provisions of the state constitution, all sale, lease, orlease with option to purchase, of a farm lot shall be subject to the followingconditions, which shall be covenants running with the land:

(1)  The lot shall be used for farm purposes only;

(2)  The purchaser or lessee shall reside on thepremises granted; provided that with the consent of the board, the purchaser orlessee may live off the premises if the purchaser's or lessee's residence iswithin a reasonable distance therefrom;

(3)  The purchaser or lessee shall derive the majorportion of the purchaser's or lessee's total annual income from the productionof the crops or products for which production the land is granted to thepurchaser or lessee; provided that this restriction shall not apply if thepurchaser or lessee becomes enfeebled or is widowed;

(4)  In the case of a lease, those provisions setforth in sections 171-35, 171-36 and 171-37, unless otherwise specificallyprovided in this section;

(5)  In the case of a fee simple sale, the improvementrequired and the specific use or uses intended;

(6)  For a period of five years after the issuance ofa patent or lease, the purchaser or lessee shall not sell, sublet, assign,transfer, or in other manner dispose or encumber the whole or any part of thefarm lot to any person not qualified to take a farm lot except by way ofmortgage, testamentary bequest or devise, intestate succession, or except to apurchaser at or after sale upon the foreclosure of a mortgage.

The violation of any of such restrictions orconditions shall be sufficient for the board, upon failure of the purchaser orlessee within a reasonable period of time to remedy the default after noticethereof as provided in section 171-20 to take possession of the premiseswithout demand or previous entry and with or without legal process and therebydetermine the estate, subject to the provisions contained in section 171-21. [L1962, c 32, pt of §2; am L 1965, c 239, §33; Supp, §103A-63; HRS §171-67; gench 1985]