[PART
III.] IMPORTANT AGRICULTURAL LANDS
Cross References
Acquisition of important agricultural lands, see §§163D-31 to
163D-33.
Acquisition of resource value lands, see chapter 173A.
Legacy land conservation commission, see §§173A-2.4 to 173A-2.6.
Law Journals and Reviews
Avoiding the Next Hokuli`a: The Debate over Hawai`i's
Agricultural Subdivisions. 27 UH L. Rev. 441 (2005).
Case Notes
This part does not require land use commission to stay land reclassification
proceedings pending completion of county important agricultural lands designation
process. 136 H. 505, 364 P.3d 213 (2015).
[§205-41] Declaration of policy. It is
declared that the people of Hawaii have a substantial interest in the health
and sustainability of agriculture as an industry in the State. There is a
compelling state interest in conserving the State's agricultural land resource
base and assuring the long-term availability of agricultural lands for
agricultural use to achieve the purposes of:
(1) Conserving and protecting agricultural lands;
(2) Promoting diversified agriculture;
(3) Increasing agricultural self-sufficiency; and
(4) Assuring the availability of agriculturally
suitable lands,
pursuant to article XI, section 3, of the Hawaii
State Constitution. [L 2005, c 183, pt of §2]
Notes of Decisions
The Sierra Club v. D.R. Horton-Schuler Homes, LLC., 364 P.3d 213 (Haw. 2015).
· cites it 26× “Pursuant to the policies underlying Part III, state and county government should consider the “compelling state interest in conserving the State’s agricultural land resource base assuring the long term availability of agricultural lands for agricultural use,” see HRS § 205-41…”
Ho'omoana Found. v. Land Use Comm'n. (Haw. 2023).
· cites it 4× “” HRS § 205-41 (2017). HRS § 205-41 was enacted pursuant to article XI, section 3 of the Hawaiʻi Constitution, which enshrines the protection of agricultural lands: “The State shall conserve and protect agricultural lands, promote diversified agriculture, increase agricultural…”
The Sierra Club v. Castle & Cooke Homes Hawaii, Inc. (Haw. 2016).
· cites it 2× “HRS section 205-41 declares that there is a compelling State interest in conserving the State’s agricultural land resource base and assuring the long-term availability of agricultural lands for agricultural use to achieve the 11 *** NOT FOR PUBLICATION IN WEST’S HAWAII REPORTS…”
Ho'omoana Found. v. Land Use Comm'n, 509 P.3d 1129 (Haw. App. 2022).
· cites it 2× “HRS § 205-41 (2017). 6 NOT FOR PUBLICATION IN WEST'S HAWAI#I REPORTS AND PACIFIC REPORTER One important objective in identifying important agricultural lands was to "increase agricultural self-sufficiency for current and future generations.”
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