Lease restrictions; intensive agricultural and pasture uses
HRS §171-37
in effect171-37. Lease restrictions; intensive agricultural and pasture uses
In addition to the restrictions provided in section 171-36, the following restrictions shall apply to all leases for intensive agricultural and pasture uses:
(1) The lease term shall not be less than fifteen
years nor more than thirty-five years, except that if the type of disposition
requires the lessee to occupy the premises as the lessee's own personal
residence, the lease term may be longer than thirty-five years; provided that the
lease term shall not be in excess of seventy-five years, except that in the
case of a tree-crop orchard lease, the term shall not be in excess of
forty-five years;
(2) If the land being leased is not immediately
productive and requires extensive expenditures for clearing, conditioning of
the soil, the securing of water, the planting of grasses, or the construction
of improvements, as the result of which a longer term is necessary to amortize
the lessee's investment, then the lease term may be longer than thirty-five
years, but not in excess of fifty-five years; and
(3) The land leased hereunder, or any portion
thereof, shall be subject to withdrawal by the board at any time during the
term of the lease with reasonable notice and compensation, as provided in
section 171-37.5, for public uses or purposes, including residential,
commercial, industrial, or resort developments, for constructing new roads or
extensions, or changes in line or grade of existing roads, for rights-of-way
and easements of all kinds, and shall be subject to the right of the board to
remove soil, rock, or gravel as may be necessary for the construction of roads
and rights-of-way within or without the demised premises.
"Tree-crop", as used in this section,
shall be exclusive of papaya and banana.
[L 1962, c 32, pt of §2; am L 1965, c
239, §19; Supp, §103A-37; am L 1967, c 234, §15; HRS §171-37; am L 1973, c 68,
§1; am L 1982, c 198, §1; gen ch 1985; am L 1987, c 88, §1; am L 2013, c 234,
§3]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol03_Ch0121-0200D/HRS0171/HRS_0171-0037.htmFetched: 11/10/2026