No person shall be qualified to take a residential lease under this part who, or whose husband or wife, or both of them:

(1) Has previously taken from or held under the Territory or State any certificate of occupation, right of purchase lease, cash freehold agreement, special homestead agreement or homestead lease, or patent based on any of the foregoing, or has previously taken residential lease or patent or deed to any residential lot under this part; provided that a person who has previously taken from or held under the Territory or State or under this part any such certificate, lease, agreement, patent, or deed to any land shall not be disqualified, if the person has been displaced at any time from the land by governmental authority for any public purpose or by reason of any natural disaster;

Terms Used In Hawaii Revised Statutes 171-75

  • Deed: The legal instrument used to transfer title in real property from one person to another.
  • 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
  • lease: means a residential lease made by the board of land and natural resources under this part. See Hawaii Revised Statutes 171-71
  • 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 the lessee under a residential lease and the successors in interest of the lessee. See Hawaii Revised Statutes 171-71
  • Person: means one or more individuals and does not include any partnership, firm, or corporation. See Hawaii Revised Statutes 171-71
  • Public purpose: as used in this chapter , unless the context clearly indicates otherwise, includes but shall not be limited to all public uses, the straightening of boundaries of public lands, acquisition of access to landlocked public lands, the consolidation of the holdings of public lands, development of houselots, farmlots, and industrial parks. See Hawaii Revised Statutes 171-1
(2) Owns other land in the State suitable for residential use;
(3) Owns other land not suitable for residential use if the value thereof exceeds the value of the residence lot applied for;
(4) Is the lessee under a lease having an unexpired term of more than five years of other land in the State suitable for residential use and which lease does not prohibit the lessee from using the land for such purposes;
(5) Had voluntarily sold or otherwise disposed of, within one year prior to the filing of the person’s application, any land or lease described in (2), (3) and (4).

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