Section 4-158-29 - Notices(a) Any disposition of public lands shall require public notices as prescribed in the following paragraphs. In addition to giving public notice, any public notice required under this section shall also be posted on the Internet in an easily-located manner, or on the department's website.(b) Each notice of proposed lease disposition shall contain the following-information: (1) General information regarding all the parcels or lots offered for lease, such as time and place of disposition, terms and conditions of disposition, qualification of applicants, procedure for filing application, conditions of award, if any and time and place at which more detailed information regarding the lease disposition may be obtained;(2) Specific information pertaining to the individual parcels or lots offered for lease such as the parcel or lot number, its description, location and area, minimum, base, or upset rental, basis for additional rent if any, method of payment, purpose for which leased, the term of lease, building requirement, and other such covenants and conditions; and(3) The lessee's responsibility for applicable lease disposition costs pursuant to section 4-158-3.(c) Auctions. Public notice of any proposed disposition by auction shall be given at least once in the land district where the land being disposed of is located. Notice of the auction shall contain in addition to information in subsection (a) the following: (1) General description of the land, including the address and tax map key;(2) Specific use for which the disposition is intended;(3) Minimum upset price or rental; and(4) The maps showing the metes and bounds description and the classification of the land shall be kept in the division or its land agent in the land district in which the land is situated, and shall be available for inspection at normal business hours.(d) Drawings. Whenever a disposition by drawing by lots is proposed, notice inviting applications to participate in the drawing shall be given at least once in the land district where the land being disposed of is located. The notice shall contain, in addition to information in subsection (a): (1) The qualifications required;(2) A general location and tax map key;(3) The specific use for which the disposition is intended;(4) Base rental to be charged, and basis for additional rent, if any; and(5) The date by which all applications shall be filed, which date shall be not less than fourteen days after the last publication date. Within not more than one hundred twenty days after the closing date for applications, the administrator shall select those qualified to participate in the drawing, notify all applicants as to whether or not they qualified, and conduct the drawing. The notice of selection of applicants qualified to participate in the drawing, together with the notice of drawing, shall be mailed to each applicant, whether or not the applicant in fact qualified. The notice of the drawing shall state the time and place of the drawing. Upon completion of the drawing, the award of leases shall be, announced at the next regularly scheduled meeting of the board and the lease issued when conditions of the award are fulfilled.
(e) Negotiation. Public notice of a proposed disposition by negotiation shall be given at least once in the land district -where the land being disposed of is located; provided that the notices are not required for permits, and dispositions of remnants. The notice shall invite proposals and state in general the terms and conditions that will be negotiable and those terms which shall be predetermined and the last date on which application will be received by the department which date shall not be less than thirty days after the last date of the notice. The notice shall also state the times and places at which more detailed information with respect to the sale or lease may be secured by interested person. If more than one applicant qualifies then the administrator shall review and may recommend to the board for approval to negotiate the best terms.[Eff DEC 06 2007] (Auth: HRS §§ 166E-6, 171-16; § 166E-8) (Imp: § 166E-8)