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Hawaii Revised Statutes

Haw. Rev. Stat. § 171-40 (2026)

  Expired leases; holdover

✓ current as of July 2026
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     §171-40  Expired leases; holdover.  Upon expiration of the lease term, if the leased land is not otherwise disposed of, the board of land and natural resources may allow the lessee to continue to hold the land for a period not exceeding one year upon such rent, terms, and conditions as the board may prescribe; provided that if, immediately prior to the expiration of the lease, the land was cultivated with crops having ratoons for at least one cycle, as defined hereinafter, the board may permit the lessee to continue to hold the leased land until the crops from the last remaining cycle have been harvested.  The term "cycle" as used in this section means the period required to plant and cultivate the original crop, including the harvesting of the first ratoon, being a period exceeding two years.

     Upon expiration of the one-year extension, if the board has not yet decided upon the re-lease of the land or reservation for other purposes, the board may issue a temporary permit to the lessee, subject to section 171-55 and the rent and such other terms and conditions as the board may prescribe. [L 1962, c 32, pt of §2; Supp, §103A-40; HRS §171-40]

 

 

Notes of Decisions
Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Carmichael v. Bd. of Land & Nat. Resources. (Haw. 2022).
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Carmichael v. Bd. of Land & Nat. Resources. (Haw. 2022). · cites it 6× “Nevertheless, both HRS §§ 171-40[16] and 171-55 16 HRS § 171-40 (2011) provides: Upon expiration of the lease term, if the leased land is not otherwise disposed of, the board of land and natural resources may allow the lessee to continue to hold the land for a period not…”
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