§516-51  Preliminary negotiation required. 
(a)  Upon the filing of a petition by the number of lessees required by section
516-22 with the Hawaii housing finance and development corporation, the corporation
shall request the lessor and the lessees or their designated agents to
negotiate the just compensation which the lessees will pay to the lessor to
acquire the lessor's interest in the development tract.  If no agreement is
reached within sixty days after the request to negotiate, the parties shall simultaneously
exchange written final offers together with any appraisals, other documents,
and any other expert opinions on which their negotiating positions were based. 
Copies of the final offers and related documents shall be submitted to the corporation
and the corporation may use the information in determining, prior to commencing
condemnation proceedings, the probability that lessees will be able to meet the
financial requirements of section 516-33(a)(4).



(b)  This preliminary negotiation shall be in
advance of and shall not constitute any part of any action in condemnation or
eminent domain.



Any offers, appraisals, other documents, or any
other expert opinions giving a value of the lessor's interest in the
development tract which were prepared by a party for use in preliminary
negotiations as provided for in this section, for setting qualification amounts
pursuant to section 516-33(a)(4), or for negotiations to determine the just
compensation after designation to acquire the lessor's interest in the development
tract, and were not prepared for use in the trial shall not be discoverable,
usable, or admissible by an opposing or adverse party in any action, suit, or
proceeding brought under this chapter. [L 1976, c 242, pt of §4; am L 1980, c
107, pt of §3; am L 1983, c 203, §2; am L 1984, c 157, §1; am L 1987, c 337,
§16; am L 1988, c 104, §2; am L 1997, c 350, §14; am L 2005, c 196, §26(b); am
L 2006, c 180, §16]



 



Revision Note



 



  Section "516-33(a)(4)" substituted for
"516-33(4)".



 



Case Notes



 



  Former mandatory arbitration provisions of this part held
unconstitutional, but severable.  471 F. Supp. 871.