Haw. Code R. § 4-153-19 - Negotiation
(a) A lease of agricultural park land may be
disposed of through negotiation upon a finding by the board that the public
interest demands it.
(b) After a
determination is made to negotiate the disposition of a lease, the
administrator shall:
(1) Give public notice in
accordance with the procedure set forth in section 4-153-22(b), of the
department's intention to lease agricultural park land through negotiation,
setting forth the minimum conditions thereunder, and the uses for which the
land will be leased. Any person interested in securing the lease shall file an
application with the administrator not later than forty-five days after the
first publication of the notice;
(2) Determine the applicants who meet the
criteria for selection set by the board and notify all applicants of the
administrator's determination. Any applicant may examine the basis of the
determination, which shall be in writing, to ascertain whether or not the
conditions and criteria established by the board were followed; provided that
if any applicant does not notify the administrator of the applicant's
objections, and the grounds therefor, in writing, within twenty days of the
receipt of the notice, the applicant shall be barred from proceeding to seek
legal remedy for any alleged failure of the department to follow the conditions
and criteria.
(c) If
only one applicant meets the criteria for selection of the lessee, the board
may, after notice as provided in subsection (b)(2), dispose of the lease by
negotiation.
(d) If two or more
applicants meet the criteria for the selection of the lessee, the board shall
select the lessee who submits the highest offer contained in a sealed bid
deposited with the administrator.
(e) Disposition of agricultural park lands
set aside for common use or for the processing of agricultural products may be
negotiated without regard to the limitations set forth in this section and
section 4-153-22; provided that the disposition encourages competition within
the agricultural processing industry and shall not exceed a maximum term of
thirty-five years.
Notes
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