Hawaii Revised Statutes 171-61 – Cancellation, surrender
Terms Used In Hawaii Revised Statutes 171-61
- Board: means the board of land and natural resources. See Hawaii Revised Statutes 171-1
- Holder of record having a security interest: is a person who is the owner or possessor of a security interest in any land covered in § 171-21 and who has filed with the bureau of conveyances of the State and with the department a copy of the interest. See Hawaii Revised Statutes 171-1
- 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: 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
- Lease: means the right to possess and use land for a term of years. See Hawaii Revised Statutes 171-1
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
When public land is disposed of with a building requirement and, thereafter, prior to the erection of the building, the land becomes or is discovered to be unfit for the erection of the building, or by change of conditions it becomes impossible or impractical to erect the building, the board of land and natural resources may cancel the disposition, repossess the land, and return to the party from the special land and development fund, notwithstanding the order of priority set forth, the aggregate amount of principal and interest theretofore paid by the party.
Whenever land or a portion thereof under lease can be re-leased or sold for a higher and better use, or for the existing use to a greater economic benefit to the State, the board, subject to the consent of the lessee, the lessee’s successors, or assigns, and each holder of record having a security interest, may cancel the lease without compensation to the lessee or withdraw a portion of the land from the lease and re-lease or sell the same; provided that in the event of withdrawal of a portion, the board may in its discretion allow a proportionate reduction in rent; and provided further that in the event buildings and improvements have been erected by the lessee, as permitted under the lease, on the land or portion thereof under lease affected by the cancellation or withdrawal, the board shall pay to the lessee a sum not to exceed the replacement value, less depreciation at the rates used for real property tax purposes.