§201H-13 Eminent domain, exchange or use of public property. [(a)] The corporation may acquire any real property, including fixtures and improvements, or interest therein: through voluntary negotiation; through exchange of land in accordance with section 171-50, provided that the public land to be exchanged need not be of like use to that of the private land; or by the exercise of the power of eminent domain which it deems necessary by the adoption of a resolution declaring that the acquisition of the property described therein is in the public interest and required for public use. The corporation shall exercise the power of eminent domain granted by this section in the same manner and procedure as is provided by chapter 101 and otherwise in accordance with all applicable provisions of the general laws of the State; provided that condemnation of parcels greater than fifteen acres shall be subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation.
[(b)] The corporation may acquire by the exercise of the power of eminent domain property already devoted to a public use; provided that no property belonging to any government may be acquired without its consent, and that no property belonging to a public utility corporation may be acquired without the approval of the public utilities commission, and subject to legislative disapproval expressed in a concurrent resolution adopted by majority vote of the senate and the house of representatives in the first regular or special session following the date of condemnation. [L 2005, c 196, pt of §20; am L 2006, c 180, §15]
Structure Hawaii Revised Statutes
Title 13. Planning and Economic Development
201H. Hawaii Housing Finance and Development Corporation
201H-2 Hawaii housing finance and development corporation; establishment, staff.
201H-3 Board; establishment, functions, duties.
201H-4.5 Urban gardening programs.
201H-5 Fair housing law to apply.
201H-6 Housing advocacy and information system.
201H-9 Acquisition, use, and disposition of property.
201H-10 Cooperative agreements with other governmental agencies.
201H-11 Agents, including corporations.
201H-12 Development of property.
201H-13 Eminent domain, exchange or use of public property.
201H-14 Contracts with the federal government.
201H-15 Administration of low-income housing credit allowed under section 235-110.8.
201H-16 Administration of federal programs.
201H-17 Federal funds outside of state treasury.
201H-18 Public works contracts.
201H-19 Remedies of an obligee: mandamus; injunction; possessory action; receiver; accounting; etc.
201H-20 Subordination of mortgage to agreement with government.
201H-23 For-sale developments.
201H-33 Powers and duties, generally.
201H-34 Additional powers; development.
201H-34.5 Authority to modify and amend development agreements with eligible developers.
201H-36 Exemption from general excise taxes.
201H-37 Exemption from tax on income and obligations.
201H-38 Housing development; exemption from statutes, ordinances, charter provisions, and rules.
201H-40 Housing projects; construction and sponsorship.
201H-41 Independent development of projects.
201H-42 Private development of projects.
201H-43 Interim financing of projects.
201H-44 Commercial, industrial, and other uses.
201H-45 Sale; mortgage, agreement of sale, and other instruments.
201H-47 Real property; restrictions on transfer; waiver of restrictions.
201H-48 Exception of current owners in corporation projects.
201H-49 Real property; restrictions on use.
201H-50 Restrictions on use, sale, and transfer of real property; effect of amendment or repeal.
201H-51 Corporation's right to repurchase or rent real property; authority to seek recovery.
201H-52 Nonprofit organizations and government agencies.
201H-53 Rate of wages for laborers and mechanics.
201H-57 Land leases to nonprofit organizations providing affordable housing.
201H-58 Leases; self-help housing.
201H-59 Affordable rental housing development program.
201H-72 Issuance of bonds for the development of infrastructure.
201H-73 Issuance of bonds for the preservation of low-income housing projects.
201H-74 Bonds; interest rate, price, and sale.
201H-75 Trustee; designation, duties.
201H-77 Investment of reserves, etc.
201H-78 Security for funds deposited by the corporation.
201H-79 Arbitrage provisions, interest rate.
201H-80 Housing finance revolving fund; bond revolving funds.
201H-82 Rate of wages for laborers and mechanics.
201H-86 Low-income housing tax credit loan.
201H-92 Owner-occupancy requirement.
201H-95 Eligible project loans.
201H-96 Eligible improvement loans.
201H-97 Housing loan programs; procedures and requirements.
201H-98 Housing loan programs; general powers.
201H-99 Housing loan programs; self-supporting.
201H-100 Housing loan programs; fees.
201H-102 to 201H-104 REPEALED.
201H-105 Advance commitments program.
201H-106 Loan funding programs.
201H-107 Loans; service and custody.
201H-108 Loans; sale, pledge, or assignment.
201H-109 Loans; insurance and guarantees.
201H-121 Purpose; findings and determinations.
201H-123 Rental assistance revolving fund.
201H-124 Rental assistance contracts.
201H-125 Rental assistance program.
201H-126 Benefits of program not exclusive.
201H-142 Housing loan programs; authorization.
201H-143 Housing loan programs; procedures and requirements.
201H-144 Housing loan programs; general powers.
201H-151 State mortgage guarantee.
201H-152 Mortgage guarantee agreements.
201H-162 Qualifications for downpayment loans.
201H-163 Restrictions on borrower.
201H-163.5 Downpayment loan assistance program; fees.
201H-171 Homebuyers' club program.
201H-191 Dwelling unit revolving fund.
201H-191.5 Regional state infrastructure subaccounts.
201H-202 Rental housing revolving fund.
201H-203 Eligible applicants for funds.