174-1 Findings and declaration of necessity
174-2 Definitions
174-3 Manager-chief engineer
174-4 Interested members of the board or employees
174-5 Powers
174-6 Further powers
174-7 Issuance of revenue bonds
174-8 Investment of funds
174-9 Security for funds deposited by board
174-10 Eligibility of revenue bonds for investment
174-11 Rate policy; sale of excess water
174-12 Repealed
174-13 Petition of land occupiers for formation of water project
174-14, 15 Repealed
174-16 Consideration of petitions; notice and hearing
174-17 Formation of a project on initiative of board; notice and hearing; protests
174-18 Approval of legislature, appropriations
174-19 Administration of project; acreage assessments; liens
174-20 Furnishing domestic water
174-21 Repayment of certain state advances
174-22 Land and water development projects; source of funds; disposition of receipts

Terms Used In Hawaii Revised Statutes Chapter 174 - Water and Land Development

  • ABLE savings account: means an individual savings account established in accordance with this chapter. See Hawaii Revised Statutes 256B-1
  • Account owner: means the individual who enters into a tuition savings agreement pursuant to this chapter and as defined under the proposed income tax regulations, sections 1. See Hawaii Revised Statutes 256-1
  • Account owner: means the person who enters into a savings agreement pursuant to this chapter. See Hawaii Revised Statutes 256B-1
  • Acreage assessments: means any levy imposed pursuant to this chapter on the land within a project and any amount charged to the State or to the Hawaiian homes commission for the purpose of acquiring, establishing, or maintaining land or water facilities. See Hawaii Revised Statutes 174-2
  • Agency: when used in reference to an office of a foreign bank, shall have the same meaning as is set forth in § 1(b)(1) of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
  • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
  • Amortization: Paying off a loan by regular installments.
  • Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
  • Bank: means any bank as defined in: § 2(c) of the Bank Holding Company Act (12 U. See Hawaii Revised Statutes 412:13-102
  • Bank Holding Company Act: means the federal Bank Holding Company Act of 1956, as amended (12 U. See Hawaii Revised Statutes 412:13-102
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means the board of land and natural resources. See Hawaii Revised Statutes 174-2
  • Branch: when used in reference to an office of a foreign bank, has the same meaning as is set forth in § 1(b)(3) of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
  • Capital: means :

         (1)  The aggregate par value or other amount received and allocated to the issued and outstanding capital stock of a financial institution; or

         (2)  The total amount of a credit union's outstanding and unimpaired membership shares or share accounts. See Hawaii Revised Statutes 412:1-109

  • Capital stock: means the units of interest, whether or not having a par value, common or preferred, legally issued by a financial institution or other corporation, which represents a fractional ownership interest in the institution or corporation. See Hawaii Revised Statutes 412:1-109
  • Circuit court: means the court established in each of the judicial circuits of this State pursuant to chapter 603 and which has jurisdiction under § 412:1-108 over a matter. See Hawaii Revised Statutes 412:1-109
  • college account: means an individual savings account established in accordance with this chapter. See Hawaii Revised Statutes 256-1
  • Commissioner: means the commissioner of financial institutions of this State. See Hawaii Revised Statutes 412:1-109
  • Company: means any corporation, partnership, trust (business or otherwise), association, joint venture, pool syndicate, unincorporated organization, or any form of business entity not specifically listed herein and, unless specifically excluded, a financial institution; provided that "company" does not mean any trust existing on July 1, 1993, which under its terms must terminate within twenty-five years, or not later than twenty-one years and ten months after the death of individuals living on the effective date of the trust. See Hawaii Revised Statutes 412:1-109
  • 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.
  • Depository institution: means a financial institution that is authorized to accept deposits under its chartering or licensing authority and includes a bank, savings bank, savings and loan association, depository financial services loan company, credit union, or intra-Pacific bank. See Hawaii Revised Statutes 412:1-109
  • Depository institution: means any institution that is included for any purpose within the definitions of "insured depository institution" as set forth in § 3(c)(2) and (3) of the Federal Deposit Insurance Act (12 U. See Hawaii Revised Statutes 412:13-102
  • deposits: means money or its equivalent received or held by a person in the usual course of business and for which it has given or is obligated to give credit, either conditionally or unconditionally, to a demand, checking, savings, time, passbook, negotiable order of withdrawal, thrift, or share account, or which is evidenced by its passbook, certificate of deposit, thrift certificate, investment certificate, certificate of indebtedness, or other similar instrument, or a check, draft, or share draft drawn against a deposit account and certified by a person, on which the person is primarily liable. See Hawaii Revised Statutes 412:1-109
  • Designated beneficiary: means a designated beneficiary as defined in § 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
  • Designated beneficiary: means a resident of the State whose qualified disability expenses may be paid from the account. See Hawaii Revised Statutes 256B-1
  • Director: means the director of finance. See Hawaii Revised Statutes 256B-1
  • Eligible educational institution: means :

         (1)  An institution described in sections 481(a)(1) or 1201(a) of the Higher Education Act of 1965 (20 U. See Hawaii Revised Statutes 257-1

  • Eligible individual: means an individual who is entitled to benefits based on blindness or disability under title 42 U. See Hawaii Revised Statutes 256B-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Federal: means belonging to, part of, or related to the government of the United States of America. See Hawaii Revised Statutes 412:1-109
  • Federal agency: means an agency of a foreign bank that is licensed by the Comptroller of the Currency pursuant to § 4 of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
  • Federal branch: means a branch of a foreign bank that is licensed by the Comptroller of the Currency pursuant to § 4 of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
  • Federal Deposit Insurance Act: means the Federal Deposit Insurance Act, as amended (12 U. See Hawaii Revised Statutes 412:13-102
  • Federal Deposit Insurance Corporation: A government corporation that insures the deposits of all national and state banks that are members of the Federal Reserve System. Source: OCC
  • Federal Reserve System: The central bank of the United States. The Fed, as it is commonly called, regulates the U.S. monetary and financial system. The Federal Reserve System is composed of a central governmental agency in Washington, D.C. (the Board of Governors) and twelve regional Federal Reserve Banks in major cities throughout the United States. Source: OCC
  • Fiduciary: A trustee, executor, or administrator.
  • Fiduciary organization: means an organization that serves as an intermediary between an individual account holder and the financial institution holding the individual's individual development account funds. See Hawaii Revised Statutes 257-1
  • Financial institution: means an organization authorized to do business pursuant to chapter 412, or under federal laws relating to financial institutions, and includes a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union. See Hawaii Revised Statutes 257-1
  • Financial institution: means a Hawaii financial institution, and unless the context indicates otherwise, a federal financial institution or foreign financial institution. See Hawaii Revised Statutes 412:1-109
  • Financial organization: means an organization authorized to do business in the State of Hawaii that is:

         (1)  Certified as an insurer by the insurance commissioner;

         (2)  Licensed or chartered as a financial institution by the commissioner of financial institutions;

         (3)  Chartered by an agency of the federal government;

         (4)  Subject to the jurisdiction and regulation of the securities and exchange commission of the federal government; or

         (5)  Any other entity otherwise authorized to act in this State as a trustee pursuant to the provisions of the Employee Retirement Income Security Act of 1974, as may be amended from time to time. See Hawaii Revised Statutes 256-1

  • Financial organization: means an organization authorized to do business in the State that is:

         (1)  Licensed or chartered by the insurance commissioner;

         (2)  Licensed or chartered by the commissioner of financial institutions;

         (3)  Chartered by an agency of the federal government; or

         (4)  Subject to the jurisdiction and regulation of the federal Securities and Exchange Commission. See Hawaii Revised Statutes 256B-1

  • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
  • Foreign bank: means any company organized under the laws of a foreign country, a territory of the United States, Puerto Rico, Guam, American Samoa, or the Virgin Islands, that engages directly in the business of banking. See Hawaii Revised Statutes 412:13-102
  • Fraud: Intentional deception resulting in injury to another.
  • Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
  • Government: includes the State and the United States and any political subdivision, agency, or instrumentality, corporate or otherwise, of either of them. See Hawaii Revised Statutes 174-2
  • Grantor: The person who establishes a trust and places property into it.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
  • Hawaii state agency: when used in reference to an office of a foreign bank, means an agency of a foreign bank that is located in this State and licensed pursuant to this chapter, part II, of this article. See Hawaii Revised Statutes 412:13-102
  • Hawaii state bank: means a bank organized under the laws of Hawaii. See Hawaii Revised Statutes 412:13-102
  • Hawaii state branch: when used in reference to an office of a foreign bank, means a branch of a foreign bank that is located in this State and licensed pursuant to this chapter, part II, of this article. See Hawaii Revised Statutes 412:13-102
  • Holding company: means any company which controls another company. See Hawaii Revised Statutes 412:1-109
  • Household: means adults related by blood, marriage, or adoption, or who are unrelated but have maintained a stable family relationship together over a period of time, and individuals under eighteen years of age related to the above adults by marriage, blood, or adoption, who are living together. See Hawaii Revised Statutes 257-1
  • Individual development account: means an optional, interest bearing, subsidized, tax-benefitted account used exclusively for the purpose of paying the qualified expenditure of an eligible individual as determined by the fiduciary organization. See Hawaii Revised Statutes 257-1
  • Interstate Banking and Branching Efficiency Act: means the federal Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, Public Law No. See Hawaii Revised Statutes 412:13-102
  • Interstate branch: means a branch of a bank or a branch of a foreign bank, as the context may require, which is established after September 29, 1994, pursuant to the authority contained in the Interstate Banking and Branching Efficiency Act, outside the home state of the bank or foreign bank. See Hawaii Revised Statutes 412:13-102
  • Land occupier: means the owner or in the case of leased land, the lessee of lands lying within a project organized or to be organized under this chapter. See Hawaii Revised Statutes 174-2
  • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
  • Lien: A claim against real or personal property in satisfaction of a debt.
  • Limited branch: means a branch of a foreign bank that accepts only those deposits as would be permissible for a corporation organized under § 25A of the Federal Reserve Act in accordance with § 5(a)(7) of the federal International Banking Act (12 U. See Hawaii Revised Statutes 412:13-102
  • Management contract: means the contract executed by the director of finance and a financial organization selected to act as a depository and manager of the program. See Hawaii Revised Statutes 256-1
  • Management contract: means the contract executed by the director of finance and a financial organization selected to act as a depository and manager of the program. See Hawaii Revised Statutes 256B-1
  • Member of the family: means a family member as defined in § 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
  • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
  • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
  • Nonqualified withdrawal: means a withdrawal from an account that is not:

         (1)  Used for qualified higher education expenses of the designated beneficiary;

         (2)  Made on account of the death or disability of the designated beneficiary; or

         (3)  Made on the account of a scholarship (or allowance or payment described in § 135(d)(1)(B) or (C) of the Internal Revenue Code of 1986, as amended) received by the designated beneficiary, to the extent the withdrawal does not exceed the amount of the scholarship, allowance, or payment. See Hawaii Revised Statutes 256-1

  • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
  • Person: means a natural person, entity or organization, including without limitation an individual, corporation, joint venture, partnership, sole proprietorship, association, cooperative, estate, trust, or governmental unit. See Hawaii Revised Statutes 412:1-109
  • Probable cause: A reasonable ground for belief that the offender violated a specific law.
  • Program: means the college savings program. See Hawaii Revised Statutes 256-1
  • Program: means the Hawaii ABLE savings program established under this chapter. See Hawaii Revised Statutes 256B-1
  • Program manager: means a financial organization selected by the director of finance to act as a depository and manager of the program. See Hawaii Revised Statutes 256-1
  • Program manager: means a financial organization selected by the director of finance to act as a depository and manager of the program. See Hawaii Revised Statutes 256B-1
  • Project: means an area, contiguous or noncontiguous, established under this chapter within which water is supplied to the State or the Hawaiian homes commission for the development and opening of lands or to land occupiers. See Hawaii Revised Statutes 174-2
  • Qualified acquisition costs: means the costs of acquiring, constructing, or reconstructing a residence and shall include any usual or reasonable settlement, financing, or other closing costs. See Hawaii Revised Statutes 257-1
  • Qualified business: means any business that does not contravene any law or public policy. See Hawaii Revised Statutes 257-1
  • Qualified disability expense: means any qualified disability expense included in § 529A of the Internal Revenue Code of 1986, as amended. See Hawaii Revised Statutes 256B-1
  • Qualified expenditures: means an expense as determined by a fiduciary organization, which may include but not be limited to:

         (1)  Costs associated with first homeownership;

         (2)  Post-secondary education;

         (3)  Vocational training; and

         (4)  Small or micro-business capitalization. See Hawaii Revised Statutes 257-1

  • Qualified higher education expenses: means any qualified higher education expense defined in § 529 of the Internal Revenue Code of 1986, as amended, or successor legislation. See Hawaii Revised Statutes 256-1
  • Qualified plan: means a business plan or a plan to use a business asset purchased, that:

         (1)  Is approved by a financial institution, a micro-enterprise development organization, or a nonprofit loan fund having demonstrated fiduciary integrity;

         (2)  Includes a description of services or goods to be sold, a marketing plan, and projected financial statements; and

         (3)  May require the eligible individual to obtain the assistance of an experienced entrepreneurial advisor. See Hawaii Revised Statutes 257-1

  • Qualified withdrawal: means withdrawal from an account to pay the qualified higher education expenses of the designated beneficiary of the account. See Hawaii Revised Statutes 256-1
  • Qualified withdrawal: means a withdrawal from an account to pay the qualified disability expenses of the designated beneficiary of the account. See Hawaii Revised Statutes 256B-1
  • Rollover distribution: means a rollover distribution as defined in § 529A of the Internal Revenue Code of 1986, as amended. See Hawaii Revised Statutes 256B-1
  • Savings agreement: means an agreement between the program manager or the director of finance and the account owner. See Hawaii Revised Statutes 256B-1
  • Secretary: means the Secretary of the United States Department of the Treasury. See Hawaii Revised Statutes 256B-1
  • Subsidiary: means a corporation, joint venture, partnership, or other company that is controlled by another corporation. See Hawaii Revised Statutes 412:1-109
  • surplus: includes retained earnings, whether or not transferred or allocated to surplus. See Hawaii Revised Statutes 412:1-109
  • this State: means the State of Hawaii, its political subdivisions, agencies, and departments. See Hawaii Revised Statutes 412:1-109
  • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
  • Trustee: A person or institution holding and administering property in trust.
  • Tuition savings agreement: means an agreement between the director of finance or a financial organization and the account owner. See Hawaii Revised Statutes 256-1
  • United States: when used in a geographical sense, means the several states, the District of Columbia, Puerto Rico, Guam, American Samoa, the American Virgin Islands, the Trust Territory of the Pacific Islands, and any other territory of the United States; and, when used in a political sense, means the federal government of the United States. See Hawaii Revised Statutes 412:13-102
  • Water facility: includes all real and personal property, together with all improvements to the same, acquired or constructed pursuant to a plan or undertaking to provide water within a project for economic development, under this chapter. See Hawaii Revised Statutes 174-2
  • Water tolls: means any charges established by the board for water supplied by it to the State, the Hawaiian homes commission, and land occupiers. See Hawaii Revised Statutes 174-2