§171-35 - Lease provisions; generally.
B. Leases or Sales
Cross References
Civil relief for state military forces, see chapter 657D.
Disposition of state boating facility properties, see §200-2.5.
§171-35 Lease provisions; generally. Every lease issued by the board of land and natural resources shall contain:
(1) The specific use or uses to which the land is to be employed;
(2) The improvements required; provided that a minimum reasonable time be allowed for the completion of the improvements;
(3) Restrictions against alienation as set forth in section 171-36;
(4) The rent, as established by the board or at public auction, which shall be payable not more than one year in advance, in monthly, quarterly, semiannual, or annual payments;
(5) Where applicable, adequate protection of forests, watershed areas, game management areas, wildlife sanctuaries, and public hunting areas, reservation of rights-of-way and access to other public lands, public hunting areas, game management areas, or public beaches, and prevention of nuisance and waste; and
(6) Such other terms and conditions as the board deems advisable to more nearly effectuate the purposes of the state constitution and of this chapter. [L 1962, c 32, pt of §2; am L 1965, c 239, §17; Supp, §103A-35; HRS §171-35; am L 1981, c 116, §6; am L 1989, c 253, §1]
Attorney General Opinions
Land board may require compliance with county ordinances except planning and zoning laws. Att. Gen. Op. 86-3.
Law Journals and Reviews
Beach Access: A Public Right? 23 HBJ 65.
Case Notes
Cited: 53 H. 567, 498 P.2d 631.
Decisions under prior law.
"General leases" discussed. 23 H. 621. General lease is any lease not described by the Revised Laws. Id.
Refusal of lessee after notice of withdrawal to part with possession constitutes breach of a condition of the lease and works a forfeiture thereof. 24 H. 165.
Leases let at public auction not subject to reformation. 47 H. 28, 384 P.2d 581.