§206-6 - Acquisition of land within a development area.
§206-6 Acquisition of land within a
development area. After the declaration of a development area, the board
of land and natural resources may acquire a parcel or parcels of land which it
shall thereafter designate for the appropriate development project or projects
within the area. If necessary lands cannot reasonably be acquired by voluntary
transaction, the board may institute eminent domain proceedings to acquire the
land and improvements; provided that negotiations for the acquisition by
voluntary transaction shall not be required before the institution of eminent
domain proceedings. The board shall, within twelve months next following its
designation, acquire or institute eminent domain proceedings to acquire the
lands so designated. If the lands are not acquired or eminent domain
proceedings instituted within the twelve month period, it shall reimburse the
owner 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 the
designation.
Subject to the restrictions in the following
section, the board may acquire for development projects any lands suitable for
residential use or suitable for such use or uses upon subdivision and
development. The board may also acquire, in connection with the development
projects, lands necessary for roads, sidewalks, parks, schools, utilities, and
playground and recreational facilities, and rights to water and access. The
board may also acquire, in connection with the development projects, lands for
business use where the use is reasonably necessary to provide services to the
prospective occupants of the projects. Plans and specifications for projects
shall include provisions for roads, sidewalks, parks, schools, utilities,
playground and recreational facilities, and other appropriate improvements, so
that they will be suitable for disposition as hereinafter provided. [L 1961, c
6, §7; Supp, §98J-7; HRS §206-6]