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

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

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

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

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

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

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

(e)  The appraisal of private property to beacquired by the State may be performed by not more than three disinterestedappraisers whose services shall be contracted for by the State, and no landshall be purchased for a sum greater than the highest value fixed by theappraiser or appraisals; provided that the State, after review of theappraisals by the appraiser or appraisers or the attorney general, may purchasethe property at a value greater than the highest value if the higher value isdetermined by the appraiser or appraisers or the attorney general to bejustified and within the range of market value; provided further that thislimitation shall not apply where acquisition is by condemnation.  After theprivate property has been acquired or the State abandons the acquisition, theseappraisal 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; amL 1989, c 49, §1; am L 1993, c 132, §2]

 

Case Notes

 

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