§205-4.6  Private restrictions on
agricultural uses and activities; not allowed.  Agricultural uses and
activities as defined in sections 205-2(d) and 205-4.5(a) on lands classified
as agricultural shall not be restricted by any private agreement contained in
any deed, agreement of sale, or other conveyance of land recorded in the bureau
of conveyances after July 8, 2003, that subject such agricultural lands to any
servitude, including but not limited to covenants, easements, or equitable and
reciprocal negative servitudes.  Any such private restriction limiting or
prohibiting agricultural use or activity shall be voidable, subject to special
restrictions enacted by the county ordinance pursuant to section 46-4; except
that restrictions taken to protect environmental or cultural resources,
agricultural leases, utility easements, and access easements shall not be
subject to this section.



For purposes of this section,
"agricultural leases" means leases where the leased land is primarily
utilized for purposes set forth in section 205-4.5(a). [L Sp 2003, c 5, §2; am
L 2004, c 170, §1]



 



Law Journals and Reviews



 



  "Urban Type Residential Communities in the Guise of
Agricultural Subdivisions:"  Addressing an Impermissible Use of Hawai‘i's
Agricultural District.  25 UH L. Rev. 199.