§182-2  Mineral rights reserved to theState.  (a)  All minerals in, on, or under state lands or lands whichhereafter become state lands are reserved to the State; provided that the boardof land and natural resources may release, cancel, or waive the reservationwhenever it deems the land use, other than mining, is of greater benefit to theState as provided for in section 182-4.  Such minerals are reserved from saleor lease except as provided in this chapter.  A purchaser or lessee of any suchlands shall acquire no right, title, or interest in or to the minerals.  Theright of the purchaser or lessee shall be subject to the reservation of all theminerals and to the conditions and limitations prescribed by law providing forthe State and persons authorized by it to prospect for, mine, and remove theminerals, and to occupy and use so much of the surface of the land as may berequired for all purposes reasonably extending to the mining and removal of theminerals therefrom by any means whatsoever.

(b)  Subject to subsection (a), all landpatents, leases, grants, or other conveyance of state lands shall be subject toand contain a reservation to the State of all the minerals, and shall alsocontain a reservation to the State, and persons authorized by it, of the rightto prospect for, mine, and remove the minerals by deep mining, strip mining,drilling, and any other means whatsoever, and to occupy and use so much of thesurface as may be required therefor. [L 1963, c 11, pt of §1; Supp, §99A-2; HRS§182-2]

 

Cross References

 

  General authority, see §26-15.

  Other general provisions, see §171-58.

 

Case Notes

 

  Reservation as self-effectuating.  49 H. 429, 440, 421 P.2d570.