§171-68 Applicants; qualifications of.

512 words·~2 min read·/hi/chapter-171/171-68

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

(a)A person shall be eligible to apply for a farm if the person has the qualifications as follows:

(1)The person has been a resident in the State at any time for at least three years;

(2)The person is a bona fide farmer; provided that the person meets any of the following criteria:

(A)Has not less than two years of experience as a full-time farmer;

(B)Was an owner-operator of an established farm conducting a substantial farming operation and for a substantial period of the person's life resided on a farm or depended on farm income for the person's livelihood;

(C)Has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the person's application obtained the major portion of the person's income from farming operations;

(D)Has a college degree in agriculture;

(E)By reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm;

(F)Has qualified for and received a commitment for a loan under the Bankhead-Jones Farm Tenant Act as amended, or as may hereafter be amended, for the acquisition of a farm;

(G)Is displaced from employment in an agricultural production enterprise; or

(H)Is a member of the Hawaii Young Farmer Association or a Future Farmer of America graduate with two years of training with farming projects; or

(3)The person meets any other qualifications the board may prescribe pursuant to section 171-6.

(b)No person shall be entitled to apply for a farm:

(1)Who, or whose spouse, has previously taken or held land for farm or homesteading under any certificate, lease, or agreement or under any homestead lease or patent based thereon; or

(2)Who, or whose spouse, or both of them, owns in fee simple other land in the State, the combined area of which with the land in question exceeds eighty acres; provided that:

(A)The ownership of a residence lot or tract, not exceeding three acres in area, shall not disqualify any person otherwise qualified from applying for and receiving any form of farm; and

(B)Any person who would otherwise qualify to take a farm lot shall not be disqualified by reason of taking, holding, or owning land for farm or homesteading or otherwise, if the land taken, held, or owned becomes unusable for the purpose of farming as defined in section 171-65.

(c)If the person is an association formed under chapter 421, the person shall be eligible to apply for a farm if the association has at least fifty-one per cent ownership by one or more members who satisfy the qualifications under subsection (a)(1) through

(3)and who are not disqualified under subsection (b).

(d)The terms "farm" and "farmer" as used herein also mean ranch and rancher respectively for the purposes of this section. [L 1962, c 32, pt of §2; am L 1965, c 239, §34; Supp, §103A-64; HRS §171-68; am L 1975, c 135, §2; gen ch 1985; am L 2024, c 194, §3]