§516-23  Exercise of power of eminent
domain.  Within twelve months after the designation of all or part of the
development tract for acquisition, the Hawaii housing finance and development corporation
shall acquire through voluntary action of the parties, or institute eminent
domain proceedings to acquire the leased fee interest in the tract or portion
so designated; provided that negotiations for acquisition by voluntary
transaction shall not be required before the institution of eminent domain
proceedings.  Except as otherwise provided in this part, the corporation shall
exercise its power of eminent domain in the same manner as provided in chapter
101.  If the development tract or applicable portion thereof, as the case may
be, is not acquired or eminent domain proceedings are not instituted within the
twelve-month period, the corporation shall reimburse the fee owner, the lessor,
and the legal and equitable owners of the land so designated for actual
out-of-pocket expenses of appraisal, survey, and attorney fees as the owner,
the lessor, and the legal and equitable owners may have incurred as a result of
the designation; provided that, if the development tract or an applicable
portion thereof is not acquired or eminent domain proceedings are not instituted
within the twelve-month period as a result of the lessee's dismissal,
discontinuance, or withdrawal from the eminent domain proceedings or failure to
purchase the leased fee interest condemned because of the lessee's inability,
failure, or refusal to comply with any provision under chapter 516 or to
purchase the leased fee interest condemned, then such lessee and not the corporation
shall be solely responsible to reimburse the fee owner, the lessor, and the
legal and equitable owners of the land so designated or condemned, for their
respective prorated costs, as described above, which the fee owner, the lessor,
and the legal and equitable owners may have incurred as a result of the
designation and condemnation. [L 1967, c 307, §12; HRS §516-23; am L 1975, c
184, §2(7); am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1997, c 350, §14;
am L 2001, c 38, §2; am L 2005, c 196, §26(b); am L 2006, c 180, §16]



 



Law Journals and Reviews



 



  Hawaii's Land Reform Act:  Is it Constitutional?  6 HBJ 31.



 



Case Notes



 



  Section 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 §516-22.  82 H. 172, 921 P.2d 92.