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Hawaii Revised Statutes

Haw. Rev. Stat. § 171-20 (2026)

  Notice of breach or default

✓ current as of July 2026
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     §171-20  Notice of breach or default.  Except as otherwise specifically provided in this chapter, in the event of a breach or default of any term, covenant, restriction, or condition of any lease or patent heretofore or hereafter issued under this chapter, the board of land and natural resources shall deliver a written notice of the breach or default by personal service or by registered or certified mail to the party in default and to each holder of record having any security interest in the land covered by or subject to the lease or patent making demand upon the party to cure or remedy the breach or default within sixty days from the date of receipt of the notice; provided that where the breach involves a failure to make timely rental payments pursuant to the lease or patent heretofore or hereafter issued under this chapter, the written notice shall include a demand upon the party to cure the breach within less than sixty days, but not less than five business days, after receipt of the notice.  Upon failure of the party to cure or remedy the breach or default within the time period provided herein or within such additional period as the board may allow for good cause, the board may, subject to section 171-21 exercise such rights as it may have at law or as set forth in the lease or patent. [L 1962, c 32, pt of §2; am L 1965, c 239, §11; Supp, §103A-20; HRS §171-20; am L 1981, c 160, §1; am L 1991, c 185, §1]

 

Case Notes

 

  Sufficiency of notice.  2 H. App. 118, 627 P.2d 284 (1981).

 

 

Notes of Decisions
Cited in 3 cases, 1981–2006 · leading case: Hui Kako'o Aina Ho'opulapula v. Bd. of Land & Nat. Resources, 143 P.3d 1230 (Haw. 2006).
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Hui Kako'o Aina Ho'opulapula v. Bd. of Land & Nat. Resources, 143 P.3d 1230 (Haw. 2006). · cites it 4× “The provision governing the lease of public land, HRS § 171-20 (1993), was determined not to require a contested case hearing prior to the termination of a lease.”
Sharma v. State, 673 P.2d 1030 (Haw. 1983). · cites it 5× “To be sure, HRS § 171-20 calls for notice to the lessee before the Board of Land and Natural Resources moves to terminate a lease of public land.”
State v. Kauai Kai, Inc., 627 P.2d 284 (Haw. App. 1981). · cites it 10× “, were not given proper notice in their capacity as sureties under *119 HRS § 171-20; and (4) that the State unreasonably withheld its consent to assignment of the leases to Western Resorts, Inc.”
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