In addition to the restrictions provided in section 171-36, the following restrictions shall apply to all leases for intensive agricultural and pasture uses:

1. (1) The lease term shall not be less than fifteen years nor more than thirty-five years, except that if the type of disposition requires the lessee to occupy the premises as the lessee's own personal residence, the lease term may be longer than thirty-five years; provided that the lease term shall not be in excess of seventy-five years, except that in the case of a tree-crop orchard lease, the term shall not be in excess of forty-five years;
2. (2) If the land being leased is not immediately productive and requires extensive expenditures for clearing, conditioning of the soil, the securing of water, the planting of grasses, or the construction of improvements, as the result of which a longer term is necessary to amortize the lessee's investment, then the lease term may be longer than thirty-five years, but not in excess of fifty-five years; and

3. (3) The land leased hereunder, or any portion thereof, shall be subject to withdrawal by the board at any time during the term of the lease with reasonable notice and compensation, as provided in section 171-37.5, for public uses or purposes, including residential, commercial, industrial, or resort developments, for constructing new roads or extensions, or changes in line or grade of existing roads, for rights-of-way and easements of all kinds, and shall be subject to the right of the board to remove soil, rock, or gravel as may be necessary for the construction of roads and rights-of-way within or without the demised premises.

   "Tree-crop", as used in this section, shall be exclusive of papaya and banana.

[L 1962, c 32, pt of §2; am L 1965, c 239, §19; Supp, §103A-37; am L 1967, c 234, §15; HRS §171-37; am L 1973, c 68, §1; am L 1982, c 198, §1; gen ch 1985; am L 1987, c 88, §1; am L 2013, c 234, §3]