§53-8  Acquisition of lands in redevelopmentproject.  After the redevelopment plan is officially approved by thecouncil, or after the thirty-day period has expired or, after the finaldismissal or determination of any action, suit or proceeding, if filed (unlessthe determination holds that the proceedings with reference to theredevelopment plan or the plan are invalid), the redevelopment agency mayproceed to acquire land in the redevelopment project.

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

The council may consent to the condemnation ofproperty owned by the county, whether or not the property is held in trust, ormay sell or lease to an agency any such property necessary or convenient for aredevelopment project, with or without right to assign or sublease and withoutpublic bidding, provided published notice of a meeting to consider the sale orlease 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 otherlaw limiting the period of time during which a lease or any renewal thereof mayrun.

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

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

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

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

In the event the improvements on any privatereal property located in any proposed redevelopment area (1) are destroyed byseismic wave, flood, fire, hurricane, earthquake, storm, volcanic activity,explosion, or other catastrophe, natural or of human origin, or (2) aredeclared by an appropriate state or local authority to be unsafe or unfit forhuman use or habitation, or (3) the owner or owners thereof are unable orunwilling to improve the property in accordance with the land uses in theproposed redevelopment plan and are willing to sell the property to the agency,the agency may, any provision of law to the contrary notwithstanding and inaddition to any authority granted to it, acquire the private real property inthe proposed redevelopment area by negotiated purchase from the owner or ownersand undertake work thereon as provided in section 53-9, upon authorization fromthe 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 theperiod of thirty days following the approval has expired.  The agency shall notsell, transfer, convey, or otherwise dispose of the real property, except inconnection with first mortgages or other prior liens upon the real property tothe federal government for the purpose of securing loans or advances of moneymade available to the agency, until the redevelopment plan is approved by thecouncil, but if the plan is not approved by the council or is amended toexclude the acquired real property from the redevelopment area or theredevelopment plan is abandoned for any reason, the agency shall dispose of thereal property, subject, however, to any first mortgage or other prior lien ofthe federal government upon the real property, by first offering the same tothe former owner or owners for repurchase at the same price paid by the agencyfor the purchase thereof and if the owner or owners refuse or fail within areasonable time to exercise the right of repurchase, then the same may be soldat public auction or in the manner provided by law.

Pursuant to section 101-5, the agency may takeand acquire any right, interest, or estate less than a fee simple estate, whichare necessary for the undertaking and execution of an urban redevelopment orrenewal project and related activities under this chapter, including theacquisition of air space rights and the imposition of restrictions, covenants,and controls to assure the development of a continued use of project propertyin 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]