§ 171-14-5

§171-14.5 Auction pre-qualification; agricultural and pasture leases. (a) Whenever used in this section, unless otherwise apparent from the context: 'Farm' also means 'ranch' and 'farmer' also means 'rancher'. 'Individual' means a natural person who is not a part of a partnership, corporation, or joint venture which is a potential bidder under this section. 'Nonindividual concern' means a partnership, corporation, or joint venture properly formed under law and which is a potential bidder under this section. (b) Any other law to the contrary notwithstanding, to be eligible to bid in an auction for agricultural or pasture leases, a potential bidder shall be a bona fide individual farmer or a nonindividual farm concern: (1) Who has spent not less than two years, full-time, in farming operations; (2) Who is an owner-operator of an established farm conducting a substantial farming operation; (3) Who for a substantial period of the individual's adult life resided on a farm and depended on farm income for a livelihood; (4) Who is an individual who has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the auction obtained the major portion of

rm income for a livelihood; (4) Who is an individual who has been a farm tenant or farm laborer or other individual, who has for the two years last preceding the auction obtained the major portion of their income from farming operations; (5) Is an individual with a college degree in agriculture; (6) Is an individual who by reason of ability, experience, and training as a vocational trainee is likely to successfully operate a farm; (7) Who has qualified for and received a commitment for a loan under the Bankhead-Jones Farm Tenant Act as amended, or as may hereafter be amended, for the acquisition of a farm; (8) Who is an individual who is displaced from employment in an agricultural production enterprise; (9) Who is a member of the Hawaii Young Farmer Association or a Future Farmer of America graduate with two years of training with farming projects; (10) Who possesses the qualifications under the new farmer program pursuant to section 155-1; or (11) Who possesses other qualifications as the board of land and natural resources may prescribe pursuant to section 171-6 and this section. [L 1982, c 131, §1; am L 2000, c 51, §14]