PART I. 
URBAN REDEVELOPMENT ACT



 



§53-1  Definitions.  The following terms
wherever used or referred to in part I, part II and, unless specifically
indicated otherwise therein, part III of this chapter have the following
respective meanings, unless a different meaning clearly appears from the
context:



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



"Blighted area" means an area
(including a slum area), whether it is improved or unimproved, in which
conditions such as:  the dilapidation, deterioration, age, or obsolescence of
the buildings or improvements thereon; inadequate ventilation, light,
sanitation, or open spaces, or other insanitary or unsafe conditions; high
density 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 the
fair value of the land; defective or unusual conditions of title; improper
subdivision or obsolete platting; existence of conditions which endanger life
or property by fire or other causes; or any combination of these factors or
conditions predominate, thus making the area an economic or social liability,
or conducive to ill health, transmission of disease, infant mortality, juvenile
delinquency, 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 city
council of a county or of the county in which the redevelopment project
concerned is situated.



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



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



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



"Planning commission" means the
planning 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 stating
generally the purpose and the time and place for the hearing or meeting to
which the notice relates, or stating generally the information required to be
covered by the notice, given at least once (unless a greater number is
specifically required) in the county in which the hearing or meeting is to be
held, or in which the redevelopment project concerned is situated.  Unless
otherwise specifically provided, the notice, or the first notice (if more than
one), must be made at least three days prior to the date of the hearing or
meeting 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 provision
of the residential, commercial, industrial, public, or other structures or
spaces as may be appropriate or necessary in the interest of the general
welfare, including recreational and other facilities incidental or appurtenant
thereto.  The term does not exclude the continuance of existing buildings or
uses whose demolition and rebuilding or change of use are not deemed essential
to the redevelopment and rehabilitation of the area.  The term includes
provision for open space types of use, such as streets and other public grounds
and space around buildings, as well as buildings, structures, and improvements,
public or private, and improvements of recreation areas, public or private, and
other public grounds.



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



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



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



"Redevelopment project" means a
specific work or improvements to effectuate all or any part of a redevelopment
plan.



"Resolution", unless specifically
otherwise provided, means a resolution requiring no notice before, and only one
reading for, its adoption.



"State" means the State of Hawaii.



"Urban area" means any closely
settled community in a county. [L 1949, c 379, §3; am L 1951, c 244, §1; am L
1955, c 271, §1(d); RL 1955, §143-2; am L 1965, c 101, §1(a); HRS §53-1; am L
1974, 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.