Private restrictions on agricultural uses and activities; not allowed
HRS §205-4.6
in effect205-4.6. Private restrictions on agricultural uses and activities; not allowed
(a) Agricultural uses and activities as defined in sections 205-2(d) and 205-4.5(a) on lands classified as agricultural shall not be restricted by any private agreement contained in any:
(1) Deed, agreement of sale, or other conveyance of
land recorded in the bureau of conveyances after July 8, 2003, that subjects
the agricultural lands to any servitude, including but not limited to
covenants, easements, or equitable and reciprocal negative servitudes; provided
that any private agreement contained in a conveyance of land recorded on or
before July 8, 2003, that:
(A) Limits or prohibits agricultural use or
activity; and
(B) Is renewed and recorded in the bureau of
conveyances after July 8, 2003,
shall be considered a new private agreement that
is subject to the prohibition on agricultural use and activity restrictions
under this section; provided further that any provision in a private agreement
contained in a conveyance of land recorded on or before July 8, 2003, that
limits or prohibits agricultural use or activity and has since expired but has
not been renewed and recorded in the bureau of conveyances shall be void; and
(2) Condominium declaration, map, bylaws, and other
documents executed and submitted in accordance with chapter 514B or any
predecessor thereto.
Any private restriction limiting or prohibiting
agricultural use or activity shall be voidable, subject to special restrictions
enacted by the county ordinance pursuant to section 46-4; except that
restrictions taken to protect environmental or cultural resources, agricultural
leases, utility easements, and access easements shall not be subject to this
section.
(b) For purposes of this section, "agricultural
leases" means leases where the leased land is primarily utilized for purposes
set forth in section 205-4.5(a). [L Sp 2003, c 5, §2; am L 2004, c 170, §1; am L
2014, c 49, §2; am L 2017, c 181, §7; am L 2021, c 94, §2; am L 2023, c 219, §1]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol04_Ch0201-0257/HRS0205/HRS_0205-0004_0006.htmFetched: 11/10/2026