PART I. URBAN REDEVELOPMENT ACT

 

§53-1  Definitions.  The following termswherever used or referred to in part I, part II and, unless specificallyindicated otherwise therein, part III of this chapter have the followingrespective meanings, unless a different meaning clearly appears from thecontext:

"Agency", "local agency",or "local redevelopment agency" means a local redevelopment agency ofthe county in which a redevelopment project or the redevelopment projectconcerned is situated, created pursuant to this chapter.  Each agency shall bedesignated by the name of the county followed by the words "redevelopmentagency", e.g., "Maui redevelopment agency".

"Blighted area" means an area(including a slum area), whether it is improved or unimproved, in whichconditions such as:  the dilapidation, deterioration, age, or obsolescence ofthe buildings or improvements thereon; inadequate ventilation, light,sanitation, or open spaces, or other insanitary or unsafe conditions; highdensity of population and overcrowding; defective or inadequate street layout;faulty lot layout in relation to size, adequacy, accessibility, or usefulness;diversity of ownership; tax or special assessment delinquency exceeding thefair value of the land; defective or unusual conditions of title; impropersubdivision or obsolete platting; existence of conditions which endanger lifeor property by fire or other causes; or any combination of these factors orconditions predominate, thus making the area an economic or social liability,or conducive to ill health, transmission of disease, infant mortality, juveniledelinquency, or crime, or otherwise detrimental to the public health, safety,morals, and welfare.

"Bonds" means any bonds, notes,interim certificates, debenture, or other obligations.

"Council" means the county or citycouncil of a county or of the county in which the redevelopment projectconcerned is situated.

"County" has the meaning set forth insection 1-22 and, where appropriate, means the county in which the redevelopmentproject concerned is situated.

"Hawaii housing finance and developmentcorporation", "corporation", "government","federal government", and "real property" have therespective meanings set forth for these terms in chapter 201H.

"Obligee" includes any bondholder,agents or trustees for any bondholders, or lessor demising to the agencyproperty used in connection with a redevelopment project, or any assignee orassignees of the lessor's interest or any part thereof, and the federalgovernment when it is a party to any contract with the agency.

"Planning commission" means theplanning commission for the county established by or pursuant to any state law,or, if there is no planning commission, then the council of the county.

"Public notice" means notice statinggenerally the purpose and the time and place for the hearing or meeting towhich the notice relates, or stating generally the information required to becovered by the notice, given at least once (unless a greater number isspecifically required) in the county in which the hearing or meeting is to beheld, or in which the redevelopment project concerned is situated.  Unlessotherwise specifically provided, the notice, or the first notice (if more thanone), must be made at least three days prior to the date of the hearing ormeeting to which it relates.

"Redevelopment" means the planning,development, replanning, redesign, clearance, reconstruction or rehabilitation,or any combination of these, of a redevelopment area or part thereof, and the provisionof the residential, commercial, industrial, public, or other structures orspaces as may be appropriate or necessary in the interest of the generalwelfare, including recreational and other facilities incidental or appurtenantthereto.  The term does not exclude the continuance of existing buildings oruses whose demolition and rebuilding or change of use are not deemed essentialto the redevelopment and rehabilitation of the area.  The term includesprovision for open space types of use, such as streets and other public groundsand space around buildings, as well as buildings, structures, and improvements,public or private, and improvements of recreation areas, public or private, andother public grounds.

"Redevelopment area" means all or aportion of an area in a county which the planning commission thereof hasdetermined to be a blighted area and whose redevelopment is necessary toeffectuate the public purposes declared in this chapter.

"Redevelopment corporation" means acorporation created pursuant to section 53-23.

"Redevelopment plan" means a plan,together with any amendments thereto, for the redevelopment of all or any partof a blighted area.

"Redevelopment project" means aspecific work or improvements to effectuate all or any part of a redevelopmentplan.

"Resolution", unless specificallyotherwise provided, means a resolution requiring no notice before, and only onereading for, its adoption.

"State" means the State of Hawaii.

"Urban area" means any closelysettled community in a county. [L 1949, c 379, §3; am L 1951, c 244, §1; am L1955, c 271, §1(d); RL 1955, §143-2; am L 1965, c 101, §1(a); HRS §53-1; am L1974, c 123, §1; am L 1997, c 350, §8; am L 1998, c 2, §19; am L 2006, c 180,§13]

 

Case Notes

 

  Chapter cited:  44 H.154, 174, 352 P.2d 861.