§171-18 Public land trust.

297 words·~1 min read·/hi/chapter-171/171-18

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

§171-18 Public land trust. All funds derived from the sale or lease or other disposition of public lands shall be appropriated by the laws of the State; provided that all proceeds and income from the sale, lease, or other disposition of lands ceded to the United States by the Republic of Hawaii under the joint resolution of annexation, approved July 7, 1898 (30 Stat. 750), or acquired in exchange for lands so ceded, and returned to the State of Hawaii by virtue of section 5(b) of the Act of March 18, 1959 (73 Stat. 6), and all proceeds and income from the sale, lease or other disposition of lands retained by the United States under sections 5(c) and 5(d) of the Act and later conveyed to the State under section 5(e) shall be held as a public trust for the support of the public schools and other public educational institutions, for the betterment of the conditions of native Hawaiians as defined in the Hawaiian Homes Commission Act, 1920, as amended, for the development of farm and home ownership on as widespread a basis as possible, for the making of public improvements, and for the provision of lands for public use. [L 1962, c 32, pt of §2;

Supp, §103A-18; HRS §171-18]

Note

L 2025, c 289, §4 provides:

"SECTION 4. Real property transferred to the department of land and natural resources under this Act shall not be considered part of the public land trust as described in section 171-18, Hawaii Revised Statutes."

Cross References

Act of March 18, 1959, is the Hawaii Admission Act; see volume 1.

Attorney General Opinions

Provides that ceded or public trust land may be alienated. Att. Gen. Op. 95-3.

Law Journals and Reviews

Hawaii's Ceded Lands. 3 UH L. Rev. 101 (1981).