Law Journals and Reviews


  Avoiding the Next Hokuli`a:  The Debate over Hawai`i's Agricultural Subdivisions.  27 UH L. Rev. 441 (2005).


     §205-1  Establishment of the commission.  (a)  There shall be a state land use commission, hereinafter called the commission.  The commission shall consist of nine members who shall hold no other public office and shall be appointed in the manner and serve for the term set forth in section 26-34.  One member shall be appointed from each of the counties and the remainder shall be appointed at large; provided that one member shall have substantial experience or expertise in traditional Hawaiian land usage and knowledge of cultural land practices.  The commission shall elect its chairperson from one of its members.  The members shall receive no compensation for their services on the commission, but shall be reimbursed for actual expenses incurred in the performance of their duties.  Six affirmative votes shall be necessary for any boundary amendment.

     (b)  The commission shall be a part of the office of planning and sustainable development for administrative purposes.

     (c)  The commission may engage employees necessary to perform its duties, including administrative personnel and an executive officer.  The executive officer shall be appointed by the commission and the executive officer's position shall be exempt from civil service.  Departments of the state government shall make available to the commission such data, facilities, and personnel as are necessary for it to perform its duties.  The commission may receive and utilize gifts and any funds from the federal or other governmental agencies.  It shall adopt rules guiding its conduct, maintain a record of its activities and accomplishments, and make recommendations to the governor and to the legislature through the governor.

     (d)  Notwithstanding any law to the contrary, the commission shall be exempt from section 26-35 with the exception of section 26-35(a)(2), (3), (7), (8), and section 26-35(b) shall apply.

     (e)  The land use commission shall maintain its independence on matters coming before it to which the office of planning and sustainable development is a party by establishing and adhering to the process required by section 225M-2(d). [L 1963, c 205, pt of §2; Supp, §98H-1; HRS §205-1; am L 1975, c 193, §2; am L 1976, c 43, §1; gen ch 1985; am L 1987, c 336, §7; am L 1990, c 293, §8; gen ch 1993; am L 2006, c 296, §1; am L 2021, c 153, §4]


Cross References


  Commission placed in department of business, economic development, and tourism, see §26-18.

  Commissions, generally, see §26-34.


Case Notes


  A member of the land use commission did not qualify as a de facto officer, where, among other things, the senate rejected the member's nomination for a second term, which effectively served as public notice that the member was ineligible to serve as a holdover member.  132 H. 184, 320 P.3d 849 (2013).

  The intermediate court of appeals erred in determining that a member of the land use commission continued to serve as a valid holdover after the senate's rejection of the member's nomination for a second term; the member's actions with respect to a petition to reclassify land were invalid.  132 H. 184, 320 P.3d 849 (2013).

  Cited:  125 F. Supp. 3d 1051 (2015).