ยง183-15 - Surrender of private land.
ยง183-15ย Surrender of private land.ย Any
person may, on agreement with the department of land and natural resources, at
any time surrender to the government the care, custody and control of any
lands, 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.ย The surrender
agreement may reserve to the surrendering party all, part, or none of the
rights to the water located or arising on or flowing through such surrendered
lands.ย The agreement shall be in writing and shall contain the proviso that
the government may develop and improve the lands through plantings and erosion
control and may construct such improvements thereon as may be allowed by the
agreement.ย On any land that is surrendered after May 19, 1972, the
government shall not retain title to any improvement, and the party
surrendering shall not, at the end of the surrender period, be required to pay
the government the value of any timber or other crops planted during the term
of surrender.
No taxes shall be levied or collected on any
private lands so surrendered so long as the land remains exclusively under the
control of the government as a forest reserve; provided that if the lands so
surrendered are withdrawn without the consent of the department prior to the
expiration of the twenty-year period as provided for above, the tax exemption
privilege shall be cancelled retroactive to the date of the agreement of
surrender and all taxes that would have been due shall be payable with a five
per cent per annum penalty from the respective dates that these payments would
have been due; provided that nothing herein shall be deemed to limit the power
of the department to impose, as a condition to the granting of its consent,
conditions, including, without limiting the generality of the foregoing, those
relating to the use of such lands, and may also require the payment of a
portion of the taxes that would have been due.ย Nothing in this paragraph shall
preclude the State from pursuing any other remedy to enforce the agreement
entered into at the time of surrender. [L 1903, c 44, ยง11; RL 1925, ยง593; RL
1935, ยง182; RL 1945, ยง1017; RL 1955, ยง19-5; am L 1957, c 234, ยง4; am L Sp 1959
2d, c 1, ยง22; am L 1961, c 132, ยง1; am L 1965, c 265, ยง1; HRS ยง183-15; am L
1972, c 97, ยง1; am L 1988, c 337, ยง6]