Report Title:

Agricultural Leases; Extensions For Significant Hardship

Description:

Authorizes BLNR to extend a lease for periods exceeding five years in cases where significant hardship is caused by a taking of a portion of the land covered by the lease.

THE SENATE

S.B. NO.

2412

TWENTY-SECOND LEGISLATURE, 2004

 

STATE OF HAWAII

 


 

A BILL FOR AN ACT

 

RELATING TO PUBLIC LAND LEASES.

 

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

SECTION 1. Section 171-36, Hawaii Revised Statutes, is amended by amending subsection (e) to read as follows:

"(e) The approval of any extension granted pursuant to subsection (d) shall be subject to the following:

(1) The demised premises has been used substantially for the purposes for which they were originally leased;

(2) The aggregate of the initial term and any extension granted shall not be for more than fifty-five years;

(3) The rental shall not be less than the rental for the preceding term;

(4) The rules of the board, setting forth any additional terms and conditions which shall ensure and promote the purposes of the demised lands; and

(5) The length of the extension shall not exceed a reasonable length of time for the purpose of providing relief and shall in no case exceed five years[.], except in the event significant hardship would be caused by a taking of a portion of the area of the lease by government action by eminent domain, withdrawal, or conservation easement as provided in subsection (d)(2)."

SECTION 2. Statutory material to be repealed is bracketed and stricken. New statutory material is underscored.

SECTION 3. This Act shall take effect upon its approval.

INTRODUCED BY:

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