Const. Art. XI, §5
State land rules must be general laws, with one exception
Read the official text at capitol.hawaii.gov ↗This section says the state legislature can only make laws about state-owned or controlled land if those laws apply to everyone generally. The only exception is for transferring land to or for the state or its local governments. Special laws for specific people or properties are not allowed.
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The constitution, as written — Laws Required; Exceptions
A copy, taken August 21, 2026. The version published by the Legislature is the one that governs, and it may have changed since. Check it before relying on anything here.
The legislative power over the lands owned by or under the control of the State and its political subdivisions shall be exercised only by general laws, except in respect to transfers to or for the use of the State, or a political subdivision, or any department or agency thereof. [Ren and am Const Con 1978 and election Nov 7, 1978] Attorney General Opinions Act 3, L Sp 2007 1st, requiring the Hawaii community development authority to set aside state lands for use by the Kewalo Keiki Fishing Conservancy (KKFC), a private nonprofit section 501(c)(3) organization under the Internal Revenue Code, violated this section; Act 3 could only be interpreted as being a special legislation because it was enacted to benefit the KKFC specifically and was limited to a specific property. Att. Gen. Op. 07-2. Case Notes Where Act 2, L Sp 2007 2d created a class that was "logically and factually limited to a 'class of one' ", that is, it was not reasonably probable that other members could enter the class in the future, the class was illusory; thus, Act 2 was a special law in violation of this section and the circuit court erred when it concluded that Act 2 was constitutional and dismissed plaintiff's claims as moot. 120 H. 181, 202 P.3d 1226. Where, without the legal authority provided by §15 of Act 2, L Sp 2007 2d through an exercise of legislative power, the operating agreement between the superferry and the state department of transportation would have remained void and unenforceable by the circuit court's order as it related to the lands at Kahului Harbor, Act 2 was an exercise of legislative power over state lands. 120 H. 181, 202 P.3d 1226.
LawTrove is not legal advice. The summary above is a computer-generated restatement — the authoritative text is the official version linked above.