Haw. Code R. § 4-158-9 - Extension of encumbered non-agricultural park lands

This section shall apply to those existing encumbrances that meet the following:

(1) The tenant must hold a current lease for use of lands transferred to the department;

(2) The holder of an encumbrance shall be satisfactorily performing in full compliance with the terms and conditions of the existing lease, permit, or license;

(3) The holder of an encumbrance shall not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county; and

(4) The holder of an encumbrance's agricultural activity or farming operation shall be fully and economically viable as specified in section 4-158-11.

Upon request, the administrator shall evaluate the existing encumbrance to determine whether the farming operation and the holder of encumbrance meets the qualification and eligibility requirements, as outlined in section 4-158-11. The department on a case-by-case basis may recommend to the board the option to renegotiate or amend for extension each existing encumbrance. The board may review the recommendation and shall approve a course of action. The encumbrances deemed not qualified shall continue unabated until the encumbrance termination date expires.

Notes

Haw. Code R. § 4-158-9

[Eff DEC 06 2007] (Auth: HRS § 166E-5) (Imp: HRS § 166E-6)