§516-22 - Designation of leased fee interest in all or part of development tract for acquisition. - Hawaii Statutes

     §516-22  Designation of leased fee interest in all or part of development tract for acquisition.  The corporation may designate all or a portion of a development tract for acquisition and acquire leased fee interests in residential houselots in a development tract, through the exercise of the power of eminent domain or by purchase under the threat of eminent domain after twenty-five or more lessees or the lessees of more than fifty per cent of the residential lease lots within the development tract, whichever number is the lesser, have applied to the corporation to purchase the leased fee interest in their residential leasehold lots pursuant to section 516-33 and if, after due public notice and public hearing, the time and place of which have been duly given in the county in which the development tract is situated on at least three different days, the last notice being not less than five days before the date of hearing, the corporation finds that the acquisition of the leased fee interest in residential houselots in all or part of the tract through exercise of the power of eminent domain or by purchase under threat of eminent domain and the disposition thereof, as provided in this part will effectuate the public purposes of this chapter. [L 1967, c 307, §11; HRS §516-22; am L 1975, c 184, §2(6); am L 1976, c 242, §2; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1998, c 2, §104; am L 2005, c 196, §26(b); am L 2006, c 180, §16]

 

Law Journals and Reviews

 

  The Constitutionality of a Naked Transfer:  Mandatory Lease-to-Fee Conversion's Failure To Satisfy a Requisite Public Purpose in Hawai‘i Condominiums.  25 UH L. Rev. 561.

 

Case Notes

 

  State may use power of eminent domain to redefine, rearrange, or redistribute interests in land.  471 F. Supp. 871.

  Taking is for a public use.  68 H. 55, 704 P.2d 888.

  Statutory public hearing requirement serves only informational purpose.  72 H. 466, 822 P.2d 955.

  Pursuant to this section, the housing finance and development corporation's sole function is to determine that necessary quantum of lessees have applied for purchase of their leased fee interests in residential lots situated in a qualifying "development tract", in conformity with preconditions enumerated in §516-33, and that the acquisition by the housing finance and development corporation will effectuate public purposes of the Hawai‘i Land Reform Act.  79 H. 64, 898 P.2d 576.

  Section 516-23 requires the housing finance and development corporation to acquire and dispose of the leased fee interests in no less than that portion of the development tract represented by the statutory minimum number of applicants designated pursuant to this section.  82 H. 172, 921 P.2d 92.