Hawaii Revised Statutes
206. Oahu Land Development
206-31 Remedies of an obligee; mandamus, injunction, possessory action, receiver, accounting, etc.

§206-31 Remedies of an obligee; mandamus, injunction, possessory action, receiver, accounting, etc. An obligee of the board of land and natural resources may, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, and subject to the prior and superior right of others:
(1) By mandamus, suit, action, or proceeding in law, compel the board, and the members, officers, agents, or employees thereof, to perform each and every term, provision, and covenant contained in any contract of the board, and require the carrying out of any or all covenants and agreements of the board and the fulfillment of all duties imposed upon the board by this chapter;
(2) By suit, action, or proceeding in equity, enjoin any act or thing which may be unlawful, or the violation of any of the rights of the obligee of the board;
(3) By suit, action, or proceeding in any court of competent jurisdiction, cause possession of any project or any part thereof to be surrendered to any obligee having the right to such possession pursuant to any contract of the board;
(4) By suit, action, or proceeding in any court of competent jurisdiction, upon the happening of an event of default (as defined in a contract of the board), obtain the appointment of a receiver of any development project of the board or any part or parts thereof and, if the receiver be appointed, the receiver may enter and take possession of the project or any part or parts thereof and operate and maintain same, and collect and receive all revenues or other charges thereafter arising therefrom in the same manner as the board itself might do, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of the board as the court shall direct;
(5) By suit, action, or proceeding in any court of competent jurisdiction, require the board and the members thereof to account as if it and they were the trustees of an express trust. [L 1961, c 6, §29; Supp, §98J-29; HRS §206-31; gen ch 1985]
Rules of Court
One form of action, see HRCP rules 1, 2, and 81(i).

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 13. Planning and Economic Development

206. Oahu Land Development

206-1 Definitions.

206-2 Administration of chapter.

206-3 Interested members, officers or employees.

206-4 General powers.

206-5 Declaration of development areas.

206-6 Acquisition of land within a development area.

206-7 Property that shall not be acquired for development projects.

206-8 Development of lands acquired.

206-9 Disposition of lands.

206-10 Restrictions on sale and use of residential lots by purchaser.

206-11 Breach, mortgaging, effect of breach, etc.

206-12 Requirement to develop.

206-13 Power to lease, pledge, or mortgage.

206-14 Cooperative agreements with other government agencies.

206-15 Hearings, witnesses, etc.

206-16 Investment of reserves.

206-17 Additional powers.

206-18 Security for funds deposited by board.

206-19 Eminent domain.

206-20 Contracts with federal government.

206-21 Contracts.

206-22 Performance bond, procedure.

206-23 Exemption from taxation and assessments.

206-24 Exemption of property from execution sale.

206-25 Duty to make reports.

206-26 Disclosure by private developer; public records.

206-27 Bonds.

206-28 State and political subdivisions not liable on bonds.

206-29 Form and sale of bonds.

206-30 Provisions of bonds.

206-31 Remedies of an obligee; mandamus, injunction, possessory action, receiver, accounting, etc.

206-32 Subordination of mortgage to agreement with government.

206-33 Development project bonds as legal investments.

206-34 Policy as to sale prices and rentals.

206-35 Agreement to secure federal contributions; default.

206-36 Payments to public bodies.

206-37 Conveyance, lease, or agreement in aid of development projects, purchase of bonds.

206-38 Governmental advances and donations.

206-39 Action of political subdivision by resolution.

206-40 Purpose of chapter.

206-41 Source of operating funds; disposition of unencumbered funds.

206-42 Conformity with federal law.

206-43 Existing obligations, no impairment.