§171-38  Condemnation of leases.  The
lease shall provide that whenever a portion of the public land under lease is
condemned for public purposes by the State, or any county or city and county,
or any other governmental agency or subdivision, the rental shall be reduced in
proportion to the value of the portion of the premises condemned, and the
lessee shall be entitled to receive from the condemning authority (1) the value
of growing crops, if any, which the lessee is not permitted to harvest and (2)
the proportionate value of the lessee's permanent improvements so taken in the
proportion that it bears to the unexpired term of the lease; provided that the
lessee may, in the alternative, remove and relocate the lessee's improvements
to the remainder of the lands occupied by the lessee.  The foregoing rights of
the lessee shall not be exclusive of any other to which the lessee may be
entitled by law.  Where the portion so taken renders the remainder unsuitable
for the uses for which the land was leased, the lessee shall have the option to
surrender the lessee's lease and be discharged for any further liability
therefor; provided that the lessee may remove the lessee's permanent
improvements within such reasonable period allowed by the board of land and
natural resources. [L 1962, c 32, pt of §2; Supp, §103A-38; HRS §171-38; gen ch
1985]