§171-38  Condemnation of leases.  Thelease shall provide that whenever a portion of the public land under lease iscondemned 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 inproportion to the value of the portion of the premises condemned, and thelessee shall be entitled to receive from the condemning authority (1) the valueof 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 theproportion that it bears to the unexpired term of the lease; provided that thelessee may, in the alternative, remove and relocate the lessee's improvementsto the remainder of the lands occupied by the lessee.  The foregoing rights ofthe lessee shall not be exclusive of any other to which the lessee may beentitled by law.  Where the portion so taken renders the remainder unsuitablefor the uses for which the land was leased, the lessee shall have the option tosurrender the lessee's lease and be discharged for any further liabilitytherefor; provided that the lessee may remove the lessee's permanentimprovements within such reasonable period allowed by the board of land andnatural resources. [L 1962, c 32, pt of §2; Supp, §103A-38; HRS §171-38; gen ch1985]