§206-7  Property which shall not be acquiredfor development projects.  In declaring development areas, and acquiringland therein, the board of land and natural resources shall avoid disturbingexisting uses which are in accord with the highest use permitted under anyexisting zoning ordinance in the political subdivision concerned.

The board shall not acquire for developmentprojects:

(1)  Lands already developed and improved as businessor industrial areas where use of the lands for residential purposes or as apart of a development project would be economically unsound or where an unduehardship would be suffered by the community through loss of service because ofthe acquisition;

(2)  Lands already in use for residential purposes bythe owner thereof or by a lessee holding a lease with an original term oftwenty years or more, except where the acquisition of parts of the lands isreasonably necessary for the proper development of a project, but in no caseshall any part of the lands be taken where the taking will reduce the parcel toless than three acres in extent;

(3)  Lands in the process of subdivision anddevelopment where the owner or the owner's agent has provided that at leastfifty per cent of the lots to be sold shall be sold in fee simple, preparedsubdivision and construction plans, arranged for financing, and applied togovernment agencies and otherwise taken such steps as may be appropriate forthe construction of the proposed development in good faith and filed anaffidavit with the board to that effect;

(4)  Lands used or to be used as sites for churches,private or parochial schools, clubs, meeting houses, other private uses of acommunity, civic, social, or religious nature;

provided that portions of the lands mentioned under(1), (2), (3), and (4) of this section, or interests therein, may be taken toprovide access and utility easements where no other reasonable means of accessor utility easements are available.

In acquiring agricultural land for adevelopment project, where the land though used for agricultural purposes isnot being used in accord with the highest use permitted under any existingzoning ordinance, the board shall exercise all reasonable care not tojeopardize the agricultural enterprise concerned.  If, however, the board findsthat the land is necessary for a development project, it may provideassistance, monetary or otherwise, in relocating the enterprise elsewhere orpay such damages to the owner or operator of such enterprise as will reasonablycompensate the owner or operator for the owner's or operator's loss, if theowner or operator has not already been so compensated under a lease agreement,or both. [L 1961, c 6, §8; am L 1965, c 157, §2; Supp, §98J-8; HRS §206-7; gench 1985]