§206-5  Declaration of development areas. Whenever the board of land and natural resources, after due notice and publichearing, the time and place of which have been duly given by public notice inthe city and county of Honolulu on at least three different days, the lastnotice being not less than five days before the date of hearing, finds that inany locality on the island of Oahu an acute shortage of residential fee simpleproperty exists and that the shortage of residential fee simple holdings cannotpracticably be alleviated within the reasonably near future by means other thanthose provided under this chapter, the board may declare a suitable area, notless than ten contiguous acres in extent, as a development area.  Thedevelopment area shall be reasonably accessible to persons in the locality andshall consist of lands suitable for a development project.  Any finding offact, if supported by a preponderance of evidence, shall be conclusive in anysuit, action, or proceeding.

All development areas shall be compatible withany general plan for the long-range development of land in the politicalsubdivision concerned under the terms of chapter 201, part II, and shallconform to and with all subdivision and zoning ordinances and requirements ofthe political subdivision. [L 1961, c 6, §6; am L 1965, c 157, §1; Supp,§98J-6; HRS §206-5; am L 1998, c 2, §63]

 

Note

 

  Chapter 201, part IIreferred to in text is repealed.  For similar provisions, see chapter 225M.