§171-87  Disposition to victims of natural
disaster, when.  Notwithstanding any law to the contrary, the board of land
and natural resources may dispose of public land to victims of a natural
disaster by negotiation and without recourse to public auction for purposes
other than the personal residences of the victims or for agricultural purposes
as hereinafter provided.



To effectuate disposition for the purpose of
relocating victims onto public lands and placing them in circumstances similar
to those which existed prior to the natural disaster the board shall:



(1)  Subdivide and improve public lands, including the
construction of roads, in conformity with applicable county or city and county
zoning and subdivision requirements and good planning;



(2)  Lease the lands at fair market rental as
determined by the board, based on appraisals by at least one but not more than
three disinterested appraisers, provided that the board shall waive rental for
the first two years of the terms of the lease;



(3)  Limit the size of any lot leased under this part
in accord with need and use, provided that such lot shall not exceed four acres
of usable land;



(4)  Lease only one lot to a person eligible under
this part; provided that if the person owned, leased, or occupied another lot
in the devastated area which was used for a different purpose, the board may
lease a maximum of two lots to the person if there is a different use for each
lot;



(5)  Include in the instrument of lease, in addition
to other terms and conditions, the following:



(A)  The lessee, for the first five years of
the term of the lease, shall use the leased land for the same business use or
undertaking as that in which the lessee was engaged at the time of the natural
disaster or for a use approved by the board;



(B)  The lessee shall complete the construction
of improvements required under the lessee's lease within one year from the
commencement of the lease, unless the board extends the time of completion, and
if the lessee defaults with respect to the construction of the improvements and
fails to remedy or cure the default after proper notice thereof as provided in
section 171-20, the board may, at its option, subject to the provisions of
section 171-21, declare a forfeiture of all the right, title, and interest of
the lessee in and to the leased land;



(C)  The lessee shall not assign, mortgage, or
sublet the whole of the leasehold premises, without the prior approval of the
board, provided that the lessee may sublet a part of the leasehold premises
without approval of the board; and



(D)  The lease rental shall be subject to
redetermination and renegotiation during the lease term in the manner and at
such intervals as the board may specify in the lease. [L 1962, c 32, pt of §2;
Supp, §103A-82; HRS §171-87; gen ch 1985]