Haw. Code R. § 13-183-27

Current through April, 2024
Section 13-183-27 - Surrender of mining leases

Any lessee of a mining lease, who has complied fully with all the terms, covenants, and conditions of an existing lease and provisions of these rules, may with the consent of and under the terms and conditions set by the board surrender at any time and from time to time all or any part of the mining lease or the land contained therein upon payment as consideration therefor two years' rent prorated upon the portion of the lease or land surrendered pursuant to § 182-13, Hawaii Revised Statutes, unless the law provides otherwise. Upon any approved surrender, the lessee shall be relieved of all further obligations with respect to the lands so surrendered except for previous activities conducted on the land or under the lease. A mining lease may also be surrendered if, as a result of a final determination by a court of competent jurisdiction, the lessee is found to have acquired no rights in or to the minerals on reserved lands, nor the right to exploit the same, pursuant to the lease, and, in such event, the lessee shall be reimbursed for all rentals, royalties, and payments paid to the State pursuant to the lease. The lessee shall be entitled to all equipment, buildings, and plants placed on the land surrendered and the lessor may require the lessee to remove the same and restore the premises to a similar condition prior to any development or improvements, to the extent reasonably possible.

Haw. Code R. § 13-183-27

[Eff. JUN 22, 1981] (Auth: HRS § 182-14) (Imp: HRS § 182-13)