HAR §13-183-51. Compensation to occupiers

The mining lessee shall negotiate in good faith with the occupier of state or reserved lands for the settlement of all claims for damages to occupier's crops, improvements, or surface of the land caused by the mining lessee's operations. The lessee shall hold the board exempt and harmless from and against any and all damage claims. Nothing herein shall be construed to prevent the occupier of reserved lands from demanding and receiving rentals from the lessee of the mining lease. The occupier may, in writing before or within thirty days after the public auction, notify the board to either have the amount of damages or the amount of rentals be paid as compensation as a result of the award of a mining lease. 27 Compensation shall be determined by arbitration with the successful bidder and shall proceed in accordance with chapter 658 of the Hawaii Revised Statutes. The arbitrators in fixing the amount of damages to be paid to the occupier shall award an amount which, in their judgement, shall fairly compensate the occupier for the damages suffered to crops or improvements or to the surface or condition of the land caused by the mining or other incidental operations, including exploratory work, and a reasonable rental for the use of the surface of the land. If the arbitrators are unable, for any reason, to determine the amount of the damages, the arbitration hearing may be continued for a reasonable time to determine more accurately the amount of damages suffered. Nothing herein shall prevent the occupier from reopening the arbitration in the event of further damages. [Eff. JUN 22 1981] (Auth: HRS §182-14) (Imp: HRS §§182-3, 182-15)