Haw. Code R. § 13-140-34 - Sale, lease, or other disposal of lands

(a) Prior to any disposal of lands acquired with moneys from the fund, awardees must seek the written approval of the board. Such requests for approval shall be submitted to the department in writing.

(b) As a condition of approval of disposition, the board may require that the new landowner, and any subsequent landowner, enter into a contract with the board for the protection of the resource values.

(c) In deciding whether to approve a disposition, the board may consider the following factors:

(1) If the proposed disposition is for value or consideration:

(A) Whether the disposition will be to an agency or organization that is eligible to receive awards under this chapter and chapter 173A, HRS;

(B) Whether the new landowner will be capable of managing the land in accordance with the purposes for which the board awarded a grant; and

(C) Whether the net proceeds of the sale will allow the State to recover its appropriate portion of the funds that were originally contributed pursuant to section 173A-10, HRS; or

(2) If the proposed disposition is gratis, for no value or consideration:

(A) Whether the disposition will be to an agency or organization that is eligible to receive awards under this chapter and chapter 173A, HRS; and

(B) Whether the new landowner will be capable of managing the land in accordance with the purposes for which the board awarded a grant; and

(3) Any other factors that may help determine the best interests of the State under chapter 173A, HRS. In determining these factors, the board may use criteria listed under section 13-140-39.

Notes

Haw. Code R. § 13-140-34

[Eff 7/21/12] (Auth: HRS § 173A-7) (Imp: HRS §§ 173A-5, 173A-9)