Authority to acquire and convey; easement required and exemption
HRS §173A-4
in effect173A-4. Authority to acquire and convey; easement required and exemption
(a) In consultation with the senate president and speaker of the house of representatives, the board may acquire, by purchase, gift, or the exercise of the power of eminent domain as authorized by chapter 101, any land having value as a resource to the State. Such acquisition is hereby declared to be for a public use.
(b) The board may, subject to chapter 171, in
consultation with the senate president and speaker of the house of
representatives, and with the approval of the governor, sell, lease, or
otherwise convey any such land subject to terms and conditions that it deems
appropriate and that will ensure that the transferee shall not use the land in
a manner that is inconsistent with the purposes for which it was acquired by
the board. The terms and conditions shall run with the land and shall be
binding on the transferee's heirs, successors, and assigns. The board may seek
enforcement of the terms and conditions in any court of appropriate
jurisdiction.
(c) The board, in consultation with the senate
president and the speaker of the house of representatives, shall require as a
condition of the receipt of funds that state and county agencies receiving
funds under this chapter provide a conservation easement under chapter 198, or
an agricultural easement or deed restriction or covenant to the department of
land and natural resources; the department of agriculture; the agribusiness
development corporation; an appropriate land conservation organization; or a county,
state, or federal natural resource conservation agency, that shall run with the
land and be recorded with the land to ensure the long-term protection of land
having value as a resource to the State and preserve the interests of the
State. The board shall require as a condition of the receipt of funds that it
be an owner of a conservation easement.
(d) The board, in consultation with the senate
president and the speaker of the house of representatives, shall require as a
condition of the receipt of funds that nonprofit land conservation
organizations receiving funds under this chapter provide a conservation
easement under chapter 198, or an agricultural easement or deed restriction or
covenant to the department of land and natural resources; the department of
agriculture; the agribusiness development corporation; an appropriate land
conservation agency; or an appropriate county, state, or federal natural
resource conservation agency, that shall run with the land and be recorded with
the land to ensure the long-term protection of land having value as a resource
to the State and preserve the interests of the State. The board shall require
as a condition of the receipt of funds that it be an owner of a conservation
easement.
(e) The board or an appropriate land
conservation organization or county, state, or federal agency required to be
provided an easement pursuant to this section may grant an exemption for any
easement required pursuant to this section.
[L 1973, c 77, §4; am L 2006, c
254, §3; am L 2008, c 139, §1; am L 2012, c 284, §1; am L 2013, c 38, §4]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0173A/HRS_0173A-0004.htmFetched: 11/10/2026