Opinions of the Attorney General of Hawaii

Opinions of the Attorney General of Hawaii

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1917 edition. Excerpt: ... right to issue water licenses thereon or therein is retained.-Moreover, it appears-that the prohibition in Section 485 against selling or leasing lands so set apart is absolute and that the only way in which the same can be sold or leased is for the Governor to "revoke, modify or suspend," as the case may be, the orders or proclamations setting the land apart; and said revocation., etc., may be made only in the manner prescribed by Section 487, relating to notice of hearing, etc. In conclusion, you are advised that in so far as this forest reserve land is concerned the attempted lease was and is illegal and void and beyond the power of the Commissioner of Public Lands either with or without the approval of the Board of Public Lands to make.. I have been given to understand that the sole object and purpose of this attempted lease was to secure certain water supply for the Kipahulu Sugar Company. If that be the case, the Commissioner should have executed a water license. I would call your attention to the fact that the notice of sale of this lease specified that the lease would require fencing of all boundaries. The lease itself contains no such provision, but merely prescribes that no pasturing shall be allowed on the land included therein. Were this lease to be efiective you might be met with difficulty in attempting to perform the duties of your board prescribed by paragraph numbered 9 of Section 481, relating to fencing. I merely mention this as another example of several cases which I have discussed with you and which, in my mind, show the advisability, if not indeed the necessity, of referring to your board, at least for investigation, all proposed general leases. Yours very truly, ARTHUR G. SMITH, Deputy Attorney...
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Product details

  • Paperback | 104 pages
  • 189 x 246 x 6mm | 200g
  • Rarebooksclub.com
  • United States
  • English
  • black & white illustrations
  • 1236793455
  • 9781236793454