§171-30  Acquisition of real property;
general.  (a)  The board of land and natural resources shall have the
exclusive responsibility, except as provided herein, of acquiring, including by
way of dedications:



(1)  All real property or any interest therein and the
improvements thereon, if any, required by the State for public purposes,
including real property together with improvements, if any, in excess of that
needed for such public use in cases where small remnants would otherwise be
left or where other justifiable cause necessitates the acquisition to protect
and preserve the contemplated improvements, or public policy demands the
acquisition in connection with such improvements.



(2)  Encumbrances, in the form of leases, licenses, or
otherwise on public lands, needed by any state department or agency for public
purposes or for the disposition for houselots or for economic development.



The board shall upon the request of and with
the funds from the state department or agency effectuate all acquisitions as
provided under this section.



(b)  Except as provided in subsection (c), the
department of accounting and general services shall be responsible for the
acquisition of any office space in a nonstate owned building for use by a state
department or agency.



(c)  A state department or agency may directly
acquire such real property for its purposes whenever the acquisition by the
department or agency is required to conform to mandatory requirements of the
United States in the case where federal funds are furnished to the department
or agency.



(d)  Property which may be acquired under this
section includes all real property together with all structures and
improvements thereon, franchises or appurtenances thereunto belonging, water,
water rights, easements, and interests in land of every nature.



(e)  The appraisal of private property to be
acquired by the State may be performed by not more than three disinterested
appraisers whose services shall be contracted for by the State, and no land
shall be purchased for a sum greater than the highest value fixed by the
appraiser or appraisals; provided that the State, after review of the
appraisals by the appraiser or appraisers or the attorney general, may purchase
the property at a value greater than the highest value if the higher value is
determined by the appraiser or appraisers or the attorney general to be
justified and within the range of market value; provided further that this
limitation shall not apply where acquisition is by condemnation.  After the
private property has been acquired or the State abandons the acquisition, these
appraisal reports shall be available for inspection and copying by the public.
[L 1962, c 32, pt of §2; am L 1965, c 239, §15; Supp, §103A-30; HRS §171-30; am
L 1989, c 49, §1; am L 1993, c 132, §2]



 



Case Notes



 



  Compromise agreement resolving legal disputes between board
and private party is not binding without approval of attorney general.  57 H.
259, 554 P.2d 761.