§53-6  Initiation and approval ofredevelopment plan.  (a)  Before adopting a redevelopment plan, theredevelopment agency shall be assured that satisfactory housing facilities areavailable or that reasonable provisions will be made for the temporary housingof individuals and families displaced by the removal of living facilities fromthe redevelopment project.  In making the determination the agency may conferwith the Hawaii public housing authority with respect to the possible placementof displaced families in projects owned and operated by the authority.

(b)  The agency shall submit the redevelopmentplan to the planning commission for study and approval thereof.  The planningcommission may approve, amend and approve, or disapprove the plan.  If theplanning commission disapproves the plan or amends the plan and the amendmentis not approved by the agency, the agency may submit the plan as disapproved oramended to the council which may nevertheless approve or amend and approve theplan by resolution, but only by the affirmative vote of at least five of itsmembers, after holding a public hearing and subject to the procedure set forthin the next paragraph.

After the planning commission has approved aredevelopment plan, and upon acceptance thereof by the agency if amended, theagency shall submit the plan to the council which shall hold a public hearingthereon, after giving published notice thereof on three separate days, thefirst publication to be at least ten days before the date of the hearings, andmay approve, amend and approve, or disapprove the plan by resolution; providedthat the council shall not approve, or amend and approve, the plan unless itfinds that the redevelopment project area is a blighted area within the urbanlimits of the county; and provided further that any amendment made by thecouncil must be accepted by the agency before final approval by the council. If the council approves a redevelopment plan, published notice of the approvalshall be given by at least three publications and further proceedings withrespect to the redevelopment project covered by the plan shall be stayed for aperiod of thirty days after the first publication of the notice.  Actions,suits, or proceedings to contest the validity of the proceedings prescribed bythe foregoing provisions of this chapter or of the redevelopment plan shall bebarred upon the expiration of the period of thirty days, and no actionthereafter commenced shall raise any question concerning the validity of theproceedings provided by the foregoing provisions of this chapter or of theredevelopment plan, and in all actions, suits, or proceedings commenced afterthe expiration of the period of thirty days, except as to matters affectingjurisdiction, the validity of the proceedings prescribed by the foregoingprovisions of this chapter and of the plan shall be conclusively presumed. Upon the expiration of the thirty-day period, the agency may further proceedwith the redevelopment project or projects covered by the redevelopment plan. Upon acquisition of the lands in the redevelopment project by the agency, thelands shall automatically be rezoned as to land use in conformance withprovisions of the approved redevelopment plan.

(c)  [L 2004, c 202, §7 amendment repealedJune 30, 2010.  L 2006, c 94, §1.]  Hearings and trial upon any issueraised in any action, suit, or proceeding in any court involving theconstruction, interpretation, or validity of this chapter, or involving thelegality or validity of any action taken or proposed to be taken under orpursuant to this chapter, whether by way of injunction, suit for declaratoryjudgment, submission on agreed statement of facts, or otherwise, shall be givenprecedence in the trial courts and, on appeal.  An appeal to the intermediateappellate court, subject to chapter 602, shall lie from any decision of anytrial court holding valid or invalid any provision of this chapter, or anycontract made or proposed, or other action taken or proposed to be taken, underor pursuant to this chapter.

(d)  Whenever the agency determines that aproposed redevelopment project or an auxiliary redevelopment project initiatedpursuant to this chapter may be undertaken by the owners of project landstherein or by developers of the owners as effectively, expeditiously, andeconomically as if undertaken as a public undertaking by the agency itself,then the redevelopment plan for the project approved and adopted pursuant tothis section shall include a provision for the execution of the project by analternative method of private development thereof on the basis of an agreementbetween the agency and the owners or developers and imposing such requirements,restrictions, and sanctions as the agency may deem necessary to effectuate thebasic purposes of this chapter and to assure the successful completion of theproject by private development.

If at any time after the initial adoption ofthe redevelopment plan, the agency determines that a change in the plan is inthe public interest and in furtherance of the purpose of redevelopment, theplan or any part thereof may be amended by following the same procedure as setforth above for the adoption of the original plan. [L 1949, c 379, pt of §4; amL 1951, c 244, pt of §3; am L 1955, c 271, §1(g); RL 1955, §143-7; am L 1959, c63, §1 and c 214, §1; am L 1965, c 101, §1(f) and (g); HRS §53-6; am L 1987, c337, §5(1); am L 1997, c 350, §14; am L 2004, c 202, §7; am L 2005, c 196,§26(a); am L 2006, c 180, §16]

 

Note

 

  L 2004, c 202, §82 provides:

  "SECTION 82.  Appeals pending in the supreme court as ofthe effective date of this Act [July 1, 2006] may be transferred to theintermediate appellate court or retained at the supreme court as the chiefjustice, in the chief justice's sole discretion, directs."