§516-22  Designation of leased fee interest
in all or part of development tract for acquisition.  The corporation may
designate all or a portion of a development tract for acquisition and acquire
leased fee interests in residential houselots in a development tract, through
the exercise of the power of eminent domain or by purchase under the threat of
eminent domain after twenty-five or more lessees or the lessees of more than
fifty per cent of the residential lease lots within the development tract, whichever
number is the lesser, have applied to the corporation to purchase the leased
fee interest in their residential leasehold lots pursuant to section 516-33 and
if, after due public notice and public hearing, the time and place of which
have been duly given in the county in which the development tract is situated
on at least three different days, the last notice being not less than five days
before the date of hearing, the corporation finds that the acquisition of the
leased fee interest in residential houselots in all or part of the tract
through exercise of the power of eminent domain or by purchase under threat of
eminent domain and the disposition thereof, as provided in this part will
effectuate the public purposes of this chapter. [L 1967, c 307, §11; HRS
§516-22; am L 1975, c 184, §2(6); am L 1976, c 242, §2; am L 1987, c 337, §16;
am L 1988, c 104, §2; am L 1998, c 2, §104; am L 2005, c 196, §26(b); am L
2006, c 180, §16]



 



Law Journals and Reviews



 



  The Constitutionality of a Naked Transfer:  Mandatory
Lease-to-Fee Conversion's Failure To Satisfy a Requisite Public Purpose in
Hawai‘i Condominiums.  25 UH L. Rev. 561.



 



Case Notes



 



  State may use power of eminent domain to redefine, rearrange,
or redistribute interests in land.  471 F. Supp. 871.



  Taking is for a public use.  68 H. 55, 704 P.2d 888.



  Statutory public hearing requirement serves only
informational purpose.  72 H. 466, 822 P.2d 955.



  Pursuant to this section, the housing finance and development
corporation's sole function is to determine that necessary quantum of lessees
have applied for purchase of their leased fee interests in residential lots
situated in a qualifying "development tract", in conformity with
preconditions enumerated in §516-33, and that the acquisition by the housing finance
and development corporation will effectuate public purposes of the Hawai‘i Land
Reform Act.  79 H. 64, 898 P.2d 576.



  Section 516-23 requires the housing finance and development
corporation to acquire and dispose of the leased fee interests in no less than
that portion of the development tract represented by the statutory minimum
number of applicants designated pursuant to this section.  82 H. 172, 921 P.2d
92.