§182-2 Mineral rights reserved to the State.
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§182-2 Mineral rights reserved to the State.
(a)All minerals in, on, or under state lands or reserved lands are reserved to the State; provided that the board may release, cancel, or waive the reservation whenever it deems the land use, other than mining, is of greater benefit to the State as provided for in section 182-4. The minerals are reserved from sale or lease except as provided in this chapter. A purchaser or lessee of the lands shall acquire no right, title, or interest in or to the minerals. The right of the purchaser or lessee shall be subject to the reservation of all the minerals and to the conditions and limitations prescribed by law providing for the State and persons authorized by it to prospect for, mine, and remove the minerals, and to occupy and use so much of the surface of the land as may be required for all purposes reasonably extending to the mining and removal of the minerals therefrom by any means whatsoever.
(b)Subject to subsection (a), all land patents, leases, grants, or other conveyance of state lands shall be subject to and contain a reservation to the State of all the minerals, and shall also contain a reservation to the State, and persons authorized by it, of the right to prospect for, mine, and remove the minerals by deep mining, strip mining, drilling, and any other means whatsoever, and to occupy and use so much of the surface as may be required therefor. [L 1963, c 11, pt of §1; Supp, §99A-2; HRS §182-2; am L 2016, c 220, §3]
Cross References
General authority, see §26-15.
Other general provisions, see §171-58.
Law Journals and Reviews
Demolition of Native Rights and Self Determination: Act 55's Devastating Impact through the Development of Hawaii's Public Lands. 35 UH L. Rev. 297 (2013).
Case Notes
Reservation as self-effectuating. 49 H. 429, 440, 421 P.2d 570 (1966).