(a) The department may negotiate and enter into leases with any person who:

lawyer at desk

Ask a business law question, get an answer ASAP!
Thousands of highly rated, verified business lawyers.
Click here to chat with a lawyer about your rights.

Terms Used In Hawaii Revised Statutes 141D-11

  • Appraisal: A determination of property value.
  • Board: means the board of agriculture. See Hawaii Revised Statutes 141D-2
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Department: means the department of agriculture. See Hawaii Revised Statutes 141D-2
  • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
  • Lessee: means a lessee under a lease issued by or transferred to the department or any tenant, licensee, grantee, permittee, assignee, or other person authorized to conduct an agricultural enterprise by the board or department. See Hawaii Revised Statutes 141D-2
(1) Holds a revocable permit for agricultural purposes;
(2) Has formerly held an agricultural lease or a holdover lease of public land that expired within the last ten years and has continued to occupy the land; or
(3) Is determined by the department to have a beneficial impact on agriculture;

provided that the department shall notify in writing those eligible for lease negotiations under this section and shall inform the applicants of the terms, conditions, and restrictions provided by this section.

Any eligible person may apply for a lease by submitting a written application to the department within thirty days from the date of receipt of notification; provided that the department may require documentary proof from any applicant to determine that the applicant meets eligibility and qualification requirements for a lease.

(b) Lands eligible for lease negotiations under this section are limited to lands that are:

(1) Determined to be sufficiently capable of serving agricultural purposes;
(2) Set aside to the department for agricultural or agricultural-related uses by the governor through an executive order; and
(3) Not needed by any state or county agency for any other public purpose.
(c) negotiating and executing a lease pursuant to this section, the board shall:

(1) Require the appraisal of the parcel using the Uniform Standards of Professional Appraisal Practice to determine the rental amount, including percentage of rent;
(2) Require the payment of a premium, computed as twenty-five per cent of the annual lease rent; provided that the premium to be added to the annual lease rent for each year of the lease shall be equal to the number of years the lessee has occupied the land; provided further that the premium period shall not exceed seven years; and
(3) Recover from the lessee the costs of expenditures required by the department to convert the parcel into a leasehold.
  Previous
Next  
 Chapter 141D Contents