§206-6 - Acquisition of land within a development area.
§206-6 Acquisition of land within adevelopment area. After the declaration of a development area, the boardof land and natural resources may acquire a parcel or parcels of land which itshall thereafter designate for the appropriate development project or projectswithin the area. If necessary lands cannot reasonably be acquired by voluntarytransaction, the board may institute eminent domain proceedings to acquire theland and improvements; provided that negotiations for the acquisition byvoluntary transaction shall not be required before the institution of eminentdomain proceedings. The board shall, within twelve months next following itsdesignation, acquire or institute eminent domain proceedings to acquire thelands so designated. If the lands are not acquired or eminent domainproceedings instituted within the twelve month period, it shall reimburse theowner of the lands so designated for out-of-pocket expenses of appraisal,survey, and attorney fees as the owner may have incurred as a result of thedesignation.
Subject to the restrictions in the followingsection, the board may acquire for development projects any lands suitable forresidential use or suitable for such use or uses upon subdivision anddevelopment. The board may also acquire, in connection with the developmentprojects, lands necessary for roads, sidewalks, parks, schools, utilities, andplayground and recreational facilities, and rights to water and access. Theboard may also acquire, in connection with the development projects, lands forbusiness use where the use is reasonably necessary to provide services to theprospective occupants of the projects. Plans and specifications for projectsshall include provisions for roads, sidewalks, parks, schools, utilities,playground and recreational facilities, and other appropriate improvements, sothat they will be suitable for disposition as hereinafter provided. [L 1961, c6, §7; Supp, §98J-7; HRS §206-6]