[Section effective until L 2025, c 289 takes effect. For section effective after L 2025, c 289 takes effect, see below.]

"Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including lands accreted after May 20, 2003, and not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, except:

1. (1) Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;
2. (2) Lands set aside pursuant to law for the use of the United States;
3. (3) Lands being used for roads and streets;
4. (4) Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act before the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;
5. (5) Lands to which the University of Hawaii holds title;
6. (6) Non-ceded lands set aside by the governor to the Hawaii housing finance and development corporation or lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title;
7. (7) Lands to which the Hawaii community development authority in its corporate capacity holds title;
8. (8) Lands set aside by the governor to the Hawaii public housing authority or lands to which the Hawaii public housing authority in its corporate capacity holds title;
9. (9) Lands to which the department of agriculture and biosecurity holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;
10. (10) Lands that are set aside by the governor to the Aloha Tower development corporation, lands leased to the Aloha Tower development corporation by any department or agency of the State, or lands to which the Aloha Tower development corporation holds title in its corporate capacity;
11. (11) Lands that are set aside by the governor to the agribusiness development corporation, lands leased to the agribusiness development corporation by any department or agency of the State, or lands to which the agribusiness development corporation in its corporate capacity holds title;
12. (12) Lands to which the Hawaii technology development corporation in its corporate capacity holds title;
13. (13) Lands to which the department of education holds title;
14. (14) Lands to which the stadium authority holds title;
15. (15) Lands to which the school facilities authority holds title; and

16. (16) Lands that are set aside by the governor to the department of transportation, lands leased to the department of transportation by any department or agency of the State, or lands to which the department of transportation holds title;

    provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005; provided further that if the lands pursuant to paragraph (6) are no longer needed for housing finance and development purposes, the lands shall be returned to the agency from which they were obtained; provided further that if the lands pursuant to paragraph (14) are no longer needed for the stadium development district or related purposes, the lands shall be returned to the public land trust administered by the department.

[L 1962, c 32, pt of §2; am L 1965, c 239, §37; Supp, §103A-2; HRS §171-2; am L 1981, c 116, §1; am L 1984, c 19, §1; am L 1987, c 337, §7(1); am L 1989, c 27, §2; am L 1990, c 86, §12; am L 1997, c 350, §14; am L 1998, c 102, §2 and c 176, §6; am L 2003, c 47, §1, c 73, §2, and c 93, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2012, c 56, §1 and c 282, §2; am L 2013, c 38, §2; am L 2015, c 240, §4; am L 2017, c 69, §4; am L 2018, c 210, §4; am L 2019, c 272, §5; am L 2021, c 146, §4 and c 217, §7; am L 2022, c 191, §1; am L 2024, c 109, §2; am L 2025, c 236, §17]

§171-2 Definition of public lands.

[Section effective after L 2025, c 289 takes effect. For section effective until L 2025, c 289 takes effect, see above.]

"Public lands" means all lands or interest therein in the State classed as government or crown lands previous to August 15, 1895, or acquired or reserved by the government upon or subsequent to that date by purchase, exchange, escheat, or the exercise of the right of eminent domain, or in any other manner; including lands accreted after May 20, 2003, and not otherwise awarded, submerged lands, and lands beneath tidal waters that are suitable for reclamation, together with reclaimed lands that have been given the status of public lands under this chapter, except:

1. (1) Lands designated in section 203 of the Hawaiian Homes Commission Act, 1920, as amended;
2. (2) Lands set aside pursuant to law for the use of the United States;
3. (3) Lands being used for roads and streets;
4. (4) Lands to which the United States relinquished the absolute fee and ownership under section 91 of the Hawaiian Organic Act before the admission of Hawaii as a state of the United States unless subsequently placed under the control of the board of land and natural resources and given the status of public lands in accordance with the state constitution, the Hawaiian Homes Commission Act, 1920, as amended, or other laws;
5. (5) Lands to which the University of Hawaii holds title;
6. (6) Non-ceded lands set aside by the governor to the Hawaii housing finance and development corporation or lands to which the Hawaii housing finance and development corporation in its corporate capacity holds title;
7. (7) Lands to which the Hawaii community development authority in its corporate capacity holds title;
8. (8) Lands set aside by the governor to the Hawaii public housing authority or lands to which the Hawaii public housing authority in its corporate capacity holds title;
9. (9) Lands to which the department of agriculture and biosecurity holds title by way of foreclosure, voluntary surrender, or otherwise, to recover moneys loaned or to recover debts otherwise owed the department under chapter 167;
10. (10) Lands that are set aside by the governor to the Aloha Tower development corporation, lands leased to the Aloha Tower development corporation by any department or agency of the State, or lands to which the Aloha Tower development corporation holds title in its corporate capacity;
11. (11) Lands that are set aside by the governor to the agribusiness development corporation, lands leased to the agribusiness development corporation by any department or agency of the State, or lands to which the agribusiness development corporation in its corporate capacity holds title;
12. (12) Lands to which the Hawaii technology development corporation in its corporate capacity holds title;
13. (13) Lands to which the department of education holds title;
14. (14) Lands to which the stadium authority holds title;
15. (15) Lands to which the school facilities authority holds title;
16. (16) Lands that are set aside by the governor to the department of transportation, lands leased to the department of transportation by any department or agency of the State, or lands to which the department of transportation holds title; and

17. (17) Lands transferred to the department of land and natural resources pursuant to Act 289, Session Laws of Hawaii 2025;

    provided that, except as otherwise limited under federal law and except for state land used as an airport as defined in section 262-1, public lands shall include the air rights over any portion of state land upon which a county mass transit project is developed after July 11, 2005; provided further that if the lands pursuant to paragraph (6) are no longer needed for housing finance and development purposes, the lands shall be returned to the agency from which they were obtained; provided further that if the lands pursuant to paragraph (14) are no longer needed for the stadium development district or related purposes, the lands shall be returned to the public land trust administered by the department.

[L 1962, c 32, pt of §2; am L 1965, c 239, §37; Supp, §103A-2; HRS §171-2; am L 1981, c 116, §1; am L 1984, c 19, §1; am L 1987, c 337, §7(1); am L 1989, c 27, §2; am L 1990, c 86, §12; am L 1997, c 350, §14; am L 1998, c 102, §2 and c 176, §6; am L 2003, c 47, §1, c 73, §2, and c 93, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2012, c 56, §1 and c 282, §2; am L 2013, c 38, §2; am L 2015, c 240, §4; am L 2017, c 69, §4; am L 2018, c 210, §4; am L 2019, c 272, §5; am L 2021, c 146, §4 and c 217, §7; am L 2022, c 191, §1; am L 2024, c 109, §2; am L 2025, c 236, §17 and 289, §3]

Note

L 2025, c 289 amendment effective on July 1, 2025, or the day after final approval by the city and county of Honolulu of the terms of the transfer required under part II of L 2025, c 289, whichever occurs later.

Repeal and reenactment on January 1, 2027, if the city and county of Honolulu does not finalize approval of the terms of the transfer required under part II of L 2025, c 289 by December 31, 2026. L 2025, c 289, §6.

Cross References

Generally, see notes to Organic Act §73.

Legislative approval of sale or gift of lands, see §171-64.7.

Attorney General Opinions

Inasmuch as the genetic material or composition of the natural resources and things connected to public lands, including ceded lands, are an integral part of those resources and things, title to biogenetic resources will still be held by State if it has not sold the land. Legal title to biogenetic resources gathered from state public lands will not still be vested in the State if third persons were allowed to remove from public lands the natural resource or thing from which the biogenetic resources were extracted or the State sold or leased title to a parcel of public land without reserving title or retaining control of the resources or things connected to the transferred land, or their biogenetic contents. Att. Gen. Op. 03-3.

Law Journals and Reviews

Biopiracy in Paradise?: Fulfilling the Legal Duty to Regulate Bioprospecting in Hawai`i. 28 UH L. Rev. 387 (2006).

The Wash of the Waves: How the Stroke of a Pen Recharacterized Accreted Lands as Public Property. 34 UH L. Rev. 525 (2012).

Coastline Non-Conformism. 42 UH L. Rev. 149 (2019).

Eliminating the Hardship Variance in Honolulu's Shoreline Setback Ordinance: The City and County of Honolulu's Public Trust Duties as an Exception to Regulatory Takings Challenges. 43 UH L. Rev. 464 (2021).