Hawaii Revised Statutes 141D-4 – Transfer and management of agricultural enterprise lands and agricultural enterprises; agricultural enterprise program
(a) Upon mutual agreement and approval by the board and the board of land and natural resources:
Terms Used In Hawaii Revised Statutes 141D-4
Agricultural enterprise: means an activity directly and primarily supporting the production and sale of agricultural products in the State. See Hawaii Revised Statutes 141D-2
Agricultural enterprise lands: means agricultural lands that are transferred to and managed by the department pursuant to this chapter. See Hawaii Revised Statutes 141D-2
Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
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) The department may accept from the department of land and natural resources the transfer and management of certain qualifying agricultural enterprise lands and agricultural enterprises; and(2) Certain assets, including position counts, related to the management of existing encumbered and unencumbered agricultural enterprise lands and agricultural enterprises, and related facilities, shall be transferred to the department.(b) The department shall administer an agricultural enterprise program to manage the transferred agricultural enterprise lands and agricultural enterprises under rules adopted by the board pursuant to chapter 91. The program and its rules shall be separate and distinct from the respective programs and rules for agricultural parks and non-agricultural parks. Agricultural enterprise lands and agricultural enterprises shall not be the same as, and shall not be selected or managed as, lands under agricultural park or non-agricultural park leases. Notwithstanding any other law to the contrary, the agricultural enterprise program shall include the following conditions pertaining to the transfer of encumbered or unencumbered agricultural enterprise lands and agricultural enterprises:
(1) At the time of transfer, the lessee or permittee shall:
(A) Be in full compliance with the existing lease or permit;(B) Not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county; and(C) Have an economically viable agricultural operation as determined by the board;(2) No encumbered or unencumbered agricultural enterprise lands and agricultural enterprises with soils classified by the land study bureau’s detailed land classification as overall (master) productivity rating class A or B shall be transferred for the use or development of golf courses, golf driving ranges, or country clubs; and(3) The board shall determine the manner of transfer of agricultural enterprise lands and agricultural enterprises.(c) For any encumbered or unencumbered agricultural enterprise lands and agricultural enterprises transferred to the department that are not being utilized or required for the public purpose stated in an executive order issued by the governor to the department pursuant to section 171-11, the order setting aside the lands shall be withdrawn and the lands shall be returned to the department of land and natural resources.
