§183-15  Surrender of private land.  Anyperson may, on agreement with the department of land and natural resources, atany time surrender to the government the care, custody and control of anylands, whether held under lease or in fee, as forest or water reserve lands,either for a term of not less than twenty years, or forever.  The surrenderagreement may reserve to the surrendering party all, part, or none of therights to the water located or arising on or flowing through such surrenderedlands.  The agreement shall be in writing and shall contain the proviso thatthe government may develop and improve the lands through plantings and erosioncontrol and may construct such improvements thereon as may be allowed by theagreement.  On any land that is surrendered after May 19, 1972, thegovernment shall not retain title to any improvement, and the partysurrendering shall not, at the end of the surrender period, be required to paythe government the value of any timber or other crops planted during the termof surrender.

No taxes shall be levied or collected on anyprivate lands so surrendered so long as the land remains exclusively under thecontrol of the government as a forest reserve; provided that if the lands sosurrendered are withdrawn without the consent of the department prior to theexpiration of the twenty-year period as provided for above, the tax exemptionprivilege shall be cancelled retroactive to the date of the agreement ofsurrender and all taxes that would have been due shall be payable with a fiveper cent per annum penalty from the respective dates that these payments wouldhave been due; provided that nothing herein shall be deemed to limit the powerof the department to impose, as a condition to the granting of its consent,conditions, including, without limiting the generality of the foregoing, thoserelating to the use of such lands, and may also require the payment of aportion of the taxes that would have been due.  Nothing in this paragraph shallpreclude the State from pursuing any other remedy to enforce the agreemententered into at the time of surrender. [L 1903, c 44, §11; RL 1925, §593; RL1935, §182; RL 1945, §1017; RL 1955, §19-5; am L 1957, c 234, §4; am L Sp 19592d, c 1, §22; am L 1961, c 132, §1; am L 1965, c 265, §1; HRS §183-15; am L1972, c 97, §1; am L 1988, c 337, §6]