§206-6 Acquisition of land within a development area. (a) After the declaration of a development area, the board of land and natural resources may acquire a parcel or parcels of land, which it shall thereafter designate for the appropriate development project or projects within the area. If necessary lands cannot reasonably be acquired by voluntary transaction, the board may institute eminent domain proceedings to acquire the land and improvements; provided that negotiations for the acquisition by voluntary transaction shall not be required before the institution of eminent domain proceedings. The board, within twelve months following its designation, shall acquire or institute eminent domain proceedings to acquire the lands so designated. If the lands are not acquired or eminent domain proceedings are not instituted within the twelve month period, the board shall reimburse the owner of the lands so designated for out-of-pocket expenses of appraisal, survey, and attorney's fees that the owner may have incurred as a result of the designation.
(b) Subject to the restrictions in section 206-7, the board may acquire for development projects any lands suitable for residential use or suitable for such use or uses upon subdivision and development. The board may also acquire, in connection with the development projects, lands necessary for roads, sidewalks, parks, schools, utilities, and playground and recreational facilities; rights to water and access; and lands for business use where the use is reasonably necessary to provide services to the prospective occupants of the projects. Plans and specifications for projects shall include provisions for roads, sidewalks, parks, schools, utilities, playground and recreational facilities, and other appropriate improvements, so that they will be suitable for disposition as hereinafter provided. [L 1961, c 6, §7; Supp, §98J-7; HRS §206-6; am L 2017, c 12, §18]
Structure Hawaii Revised Statutes
Title 13. Planning and Economic Development
206-2 Administration of chapter.
206-3 Interested members, officers or employees.
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.
206-10 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.
206-18 Security for funds deposited by board.
206-20 Contracts with federal government.
206-22 Performance bond, procedure.
206-23 Exemption from taxation and assessments.
206-24 Exemption of property from execution sale.
206-26 Disclosure by private developer; public records.
206-28 State and political subdivisions not liable on bonds.
206-29 Form and sale 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.
206-41 Source of operating funds; disposition of unencumbered funds.