HAR §4-159-9. Extension of encumbered agricultural enterprise lands

This section shall apply to those existing encumbrances that meet the following: (1) The tenant must hold a current lease or permit for use of lands transferred to the department; (2) The holder of an encumbrance shall be satisfactorily performing in full compliance with the terms and conditions of the existing lease, permit, or license; (3) The holder of an encumbrance shall not be in arrears in the payment of taxes, rents, or other obligations owed to the State or any county; 159-18 3620 4-159-10 (4) The holder of an encumbrance's agricultural activity, farming operation, or agricultural enterprise operation shall be fully and economically viable as specified in section 4-159-11; and (5) The holder, if an agricultural cooperative organized under chapter 421, HRS, or other agricultural associations or partnerships must name a "bona fide" operator. This operator or qualified representative must be at the enterprise during operational hours. Upon request, the administrator shall evaluate the existing encumbrance to determine whether the enterprise operation and the holder of the encumbrance meets the qualification and eligibility requirements as outlined in section 4-159-11. The department on a case-by-case basis may recommend to the board the option to renegotiate or amend for extension each existing encumbrance. The board may review the recommendation and shall approve a course of action. The encumbrances deemed not qualified shall continue unabated until the encumbrance termination date expires. [Eff JAN 23 2026] (Auth: SLH 2022, HRS §141D-7, §7) (Imp: SLH 2022, HRS §141D-7, §8) ###