(a) Whenever used in this section, unless otherwise apparent from the context:

“Farm” also means “ranch” and “farmer” also means “rancher”.

“Individual” means a natural person who is not a part of a partnership, corporation, or joint venture which is a potential bidder under this section.

“Nonindividual concern” means a partnership, corporation, or joint venture properly formed under law and which is a potential bidder under this section.

Terms Used In Hawaii Revised Statutes 171-14.5

  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 171-1
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Land: includes all interests therein and natural resources including water, minerals, and all such things connected with land, unless otherwise expressly provided. See Hawaii Revised Statutes 171-1
  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes individual, partnership, corporation, and association, except as otherwise defined in this chapter. See Hawaii Revised Statutes 171-1
(b) Any other law to the contrary notwithstanding, to be eligible to bid in an auction for agricultural or pasture leases, a potential bidder shall be a bona fide individual farmer or a nonindividual farm concern:

(1) Who has spent not less than two years, full-time, in farming operations;
(2) Who is an owner-operator of an established farm conducting a substantial farming operation;
(3) Who for a substantial period of the individual’s adult life resided on a farm and depended on farm income for a livelihood;
(4) Who is an individual who has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the auction obtained the major portion of their income from farming operations;
(5) Is an individual with a college degree in agriculture;
(6) Is an individual who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm;
(7) Who has qualified for and received a commitment for a loan under the Bankhead-Jones Farm Tenant Act as amended, or as may hereafter be amended, for the acquisition of a farm;
(8) Who is an individual who is displaced from employment in an agricultural production enterprise;
(9) Who is a member of the Hawaii Young Farmer Association or a Future Farmer of America graduate with two years of training with farming projects;
(10) Who possesses the qualifications under the new farmer program pursuant to § 155-1; or
(11) Who possesses other qualifications as the board of land and natural resources may prescribe pursuant to section 171-6 and this section.
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