PART I. GENERAL PROVISIONS

 

171-1 Definitions. In this chapter, if not inconsistent with the context:

"Abandoned property" or "property abandoned" means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that has been left unattended on land owned or controlled by the State without authority for a continuous period of more than twenty-four hours.

"Accreted lands" means lands formed by the gradual accumulation of land on a beach or shore along the ocean by the action of natural forces.

"Agriculture or agricultural" means the planting, cultivating, harvesting, and processing of crops, including those planted, cultivated, harvested, and processed for food, ornamental, grazing, or forestry purposes, and including aquatic life farmed or ranched as aquaculture as defined by section 187A-1.

"Animal unit" means one mature cow or horse; two yearling steers or heifers; five mature sheep; twelve weaned lambs; two colts.

"Board" means the board of land and natural resources.

"Carrying capacity" means the maximum number of animal units which an area will support over a period of years without injury to the soil, forage resources, tree growth, watershed, or unwarranted interference with other services of the land.

"Chairperson" means the chairperson of the board of land and natural resources.

"Department" means the department of land and natural resources.

"District" means the land district as constituted under this chapter.

"Holder of record having a security interest" is a person who is the owner or possessor of a security interest in any land covered in section 171-21 and who has filed with the bureau of conveyances of the State and with the department a copy of the interest.

"Land" includes all interests therein and natural resources including water, minerals, and all such things connected with land, unless otherwise expressly provided.

"Land agent" means the land agent of the public lands of the district where the land is situated.

"Land license" means a privilege granted to enter land for a certain special purpose such as the removal of timber, soil, sand, gravel, stone, hapuu, and plants, but not including water rights, ground or surface, nor removal of minerals.

"Land patent" means a government grant of real estate in fee simple.

"Lease" means the right to possess and use land for a term of years.

"Person" includes individual, partnership, corporation, and association, except as otherwise defined in this chapter.

"Public purpose", as used in this chapter, unless the context clearly indicates otherwise, includes but shall not be limited to all public uses, the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of the holdings of public lands, development of houselots, farmlots, and industrial parks.

"Seized property" or "property seized" means any and all property, including personal property, items, materials, equipment, fixtures, motor vehicles, or vessels, that has been seized by the State as the result of an unauthorized use of or encroachment on land owned or controlled by the State.

"Unencumbered public lands" means any lands defined as public lands by section 171-2 and which have not been:

(1) Set aside for any purpose, by statute, executive order, or other means to a governmental agency; or

(2) Encumbered by lease, license, permit, easement, or other document issued by the department.

Unencumbered public lands include, but are not limited to, beach and coastal areas, submerged lands, and mountainous nonforest reserve, wildlife, or park areas. [L 1962, c 32, pt of 2; am L 1965, c 239, 1; Supp, 103A-1; HRS 171-1; am L 1971, c 30, 1; am L 1973, c 68, 2; am L 1986, c 184, 2; am L 1988, c 136, 1 and c 361, 2; am L 1993, c 81, 2; gen ch 1993; am L 2003, c 73, 1]

 

Law Journals and Reviews

 

For an account of the change from the ancient Hawaiian land system, see The Hawaiian Land Revolution, Jon J. Chinen, 5 HBJ 11.

 

Case Notes

 

"Town lots". 17 H. 539.

Person seeking to enforce mechanic's lien is not within term "holder of record of any security interest". 51 H. 87, 451 P.2d 809.

Overall purpose of this chapter is preservation of assets of the State. 60 H. 228, 588 P.2d 430.

Surety on lease not necessarily a "holder of a security interest". 2 H. App. 118, 627 P.2d 284.

 

 

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