§53-8  Acquisition of lands in redevelopment
project.  After the redevelopment plan is officially approved by the
council, or after the thirty-day period has expired or, after the final
dismissal or determination of any action, suit or proceeding, if filed (unless
the determination holds that the proceedings with reference to the
redevelopment plan or the plan are invalid), the redevelopment agency may
proceed to acquire land in the redevelopment project.



Private real property in an area, needed for a
redevelopment project, which is to be acquired pursuant to this part, may be
acquired by the agency by condemnation or otherwise, including any property
devoted to a public use, whether or not held in trust, notwithstanding that the
property may have been previously acquired by condemnation or is owned by a
public utility, it being hereby expressly determined that the public use in
conformity with this part shall be deemed a superior public use; provided that
real property belonging to a public utility may not be acquired without the
approval of the public utilities commission or tribunal having regulatory power
over the public utility.



The council may consent to the condemnation of
property owned by the county, whether or not the property is held in trust, or
may sell or lease to an agency any such property necessary or convenient for a
redevelopment project, with or without right to assign or sublease and without
public bidding, provided published notice of a meeting to consider the sale or
lease is given and a public hearing is held by the council before the action. 
The term of any such lease shall not be limited by any provision of any other
law limiting the period of time during which a lease or any renewal thereof may
run.



An award of compensation shall not be increased
by reason of any increase in the value of the real property caused by the
assembly, clearance, or reconstruction, or proposed assembly, clearance or
reconstruction for the purposes of this part of the real property in a
redevelopment area.



A council, upon payment therefor or upon
exchange for other lands, or without consideration, may convey to an agency
land owned by the county in any street or public place which is duly closed or
discontinued pursuant to the plan of a redevelopment project.



Public lands or lands owned by any other agency
or instrumentality of the government, may, with the approval of the governor,
be transferred to an agency by the officer, agency, or instrumentality
authorized to convey the same upon payment therefor or upon exchange for other
lands, or without consideration, notwithstanding any other law to the contrary.



The procedure upon condemnation by an agency
shall be the same as that prescribed by the laws of the State for condemnation
by a county except that the members of the agency shall be substituted for the
council whenever mentioned in the laws, and that the proceeding shall be
brought and title shall be acquired in the name of the agency.



In the event the improvements on any private
real property located in any proposed redevelopment area (1) are destroyed by
seismic wave, flood, fire, hurricane, earthquake, storm, volcanic activity,
explosion, or other catastrophe, natural or of human origin, or (2) are
declared by an appropriate state or local authority to be unsafe or unfit for
human use or habitation, or (3) the owner or owners thereof are unable or
unwilling to improve the property in accordance with the land uses in the
proposed redevelopment plan and are willing to sell the property to the agency,
the agency may, any provision of law to the contrary notwithstanding and in
addition to any authority granted to it, acquire the private real property in
the proposed redevelopment area by negotiated purchase from the owner or owners
and undertake work thereon as provided in section 53-9, upon authorization from
the council, by resolution of one reading to purchase the real property,
regardless of the stage of development of the redevelopment plan therefor,
whether or not the plan has been officially approved by the council or the
period of thirty days following the approval has expired.  The agency shall not
sell, transfer, convey, or otherwise dispose of the real property, except in
connection with first mortgages or other prior liens upon the real property to
the federal government for the purpose of securing loans or advances of money
made available to the agency, until the redevelopment plan is approved by the
council, but if the plan is not approved by the council or is amended to
exclude the acquired real property from the redevelopment area or the
redevelopment plan is abandoned for any reason, the agency shall dispose of the
real property, subject, however, to any first mortgage or other prior lien of
the federal government upon the real property, by first offering the same to
the former owner or owners for repurchase at the same price paid by the agency
for the purchase thereof and if the owner or owners refuse or fail within a
reasonable time to exercise the right of repurchase, then the same may be sold
at public auction or in the manner provided by law.



Pursuant to section 101-5, the agency may take
and acquire any right, interest, or estate less than a fee simple estate, which
are necessary for the undertaking and execution of an urban redevelopment or
renewal project and related activities under this chapter, including the
acquisition of air space rights and the imposition of restrictions, covenants,
and controls to assure the development of a continued use of project property
in accordance with the redevelopment or renewal plan. [L 1949, c 379, pt of §4;
am L 1951, c 244, pt of §3; RL 1955, §143-8; am L Sp 1960, c 5, §2; am L 1965,
c 101, §1(h); HRS §53-8; gen ch 1993]