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

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

 

Law Journals and Reviews

 

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