Section 4-158-28 - Preference right(a) Any person otherwise qualified to take a lot shall have preference in any disposition by drawing of lots if the person: (1) Is a veteran who served in the military forces of the United States and who was honorably discharged therefrom;(2) Is a displaced farmer who within a five-year period preceding the application is the former owner or lessee of farm premises that were condemned, taken, or repossessed by a governmental authority or private person;(3) Is an owner or lessee in possession of farm premises that will be condemned, taken, or repossessed by a governmental authority or private person, for any reason, and will be a displaced farmer within five years following the application date for a lot;(4) Operates a farm located in a zoning district where agricultural use is a nonconforming use;(5) Is a new farmer as defined in this chapter that does not own fee simple or possesses a agricultural lease; or(6) Has been displaced by reason of any natural disaster as defined in this chapter. After the above preference, any person who is a citizen of the United States and who is otherwise qualified shall be given preference over non-citizens.
(b) Proof of preference status. Any applicant claiming preference status shall furnish proof of veteran status, displacement or potential displacement, nonconformance to zoning, or new farmer qualification as called for in the instructions to applicants and which shall be submitted together with the application.(c) Wilful sale or surrender of a farm shall disqualify an applicant as a displaced farmer.[Eff DEC 06 2007] (Auth: HRS § 166E-6) (Imp: HRS § 166E-6)