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



(b)  Subject to subsection (a), all land
patents, leases, grants, or other conveyance of state lands shall be subject to
and contain a reservation to the State of all the minerals, and shall also
contain a reservation to the State, and persons authorized by it, of the right
to 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 the
surface 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.2d
570.