reglab/housing_qa huggingface dataset:
HI Rev Stat § 101-41 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-41 Special power of eminent domain.

  §101-41 Special power of eminent domain. Corporations organized to develop, store, convey, distribute, and transmit water for irrigation, and which shall have at least $50,000 of fully paid in capital represented by cash or by tangible property of a market value equal to the amount at which the property is entered as assets on the books of the company, shall have the right to exercise the power of eminent domain as hereinafter provided. [L 1911, c 124, §1; RL 1925, §828; RL 1935, §71; RL 1945, §323; RL 1955, §8-38; HRS §101-41] Case Notes  Cited: 74 F.2d 596, 601; 36 H. 692, 694, 698.
HI Rev Stat § 101-42 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-42 Rights-of-way.

 §101-42 Rights-of-way. Such corporations shall have the right to condemn rights-of-way over lands and property for ditches, tunnels, flumes and pipelines necessary or proper for the construction and maintenance of a system for conveying, distributing, and transmitting water for irrigation, fluming, mill use, generation of electricity, and domestic purposes; provided that no such corporation shall exercise the right of condemnation in more than one county. [L 1911, c 124, §2; RL 1925, §829; RL 1935, §72; am L 1943, c 186, §1; RL 1945, §324; RL 1955, §8-39; HRS §101-42] Case Notes  Cited: 74 F.2d 596, 601.
HI Rev Stat § 101-43 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-43 Requirements prior to exercise of power.

 §101-43 Requirements prior to exercise of power. Any corporation having the power of eminent domain under section 101-41 may continue to exercise the power, provided that prior to the exercise of the power:  (1) The corporation submits to the public utilities commission its intention to exercise the power, with a description of the property to be condemned; and  (2) The public utilities commission finds that the proposed condemnation is in the public interest, that the proposed condemnation is necessary, and that the corporation will use the property for its operations as a public utility. [L 1961, c 134, pt of §6; Supp, §8-39.5; HRS §101-43]
HI Rev Stat § 101-44 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-44 Right-of-way lapses when.

 §101-44 Right-of-way lapses when. Any right-of-way which is obtained under sections 101-41 and 101-42 shall lapse and immediately revert to the previous owner thereof in either of the following events:  (1) If the corporation fails during a period of one year, at any time after acquiring the property, to use the right-of-way for the purposes herein set forth; or  (2) If the corporation uses or diverts or sells any of the water which is conducted through the right-of-way for a purpose other than irrigation, fluming, mill use, generation of electricity, and domestic purposes, as well as for the watering of livestock and industrial use if the industrial use does not exceed five per cent of the water conducted through the right-of-way. [L 1911, c 124, §4; RL 1925, §831; RL 1935, §74; am L 1943, c 186, §2; RL 1945, §326; RL 1955, §8-40; HRS §101-44]
HI Rev Stat § 101-51 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-51 Definitions.

  §101-51 Definitions. As used herein: "Public property" means real property (1) owned by a political subdivision of the State or (2) owned by the State in its own right and not owned by the United States. "Public property" shall not be deemed to include public lands, defined to be such by section 171-2. [L 1949, c 377, pt of §1; RL 1955, §8-50; HRS §101-51]
HI Rev Stat § 101-52 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-52 Proceedings authorized.

  §101-52 Proceedings authorized. Any officer authorized to bring eminent domain proceedings under part I, and any county when thereunto authorized in the manner provided by section 101-13, which is made applicable to this part, may file or cause to be filed a special proceeding for the acquisition by the State or county, as the case may be, of public property required for public uses which are under the officer's or county's jurisdiction and control. The circuit courts may try and determine the proceedings without a jury, subject only to an appeal in accordance with chapter 602, in the manner provided for civil appeals from the circuit courts. The circuit court, on its own motion or on motion of any party, may try and determine any issue in the case in advance of other issues. Compensation or damages shall be paid by the condemning authority for the condemnation of any public property taken under this chapter. [L 1949, c 377, pt of §1; RL 1955, §8-51; am L 1957, c 160, §1; HRS §101-52; am L 1973, c 30, pt of §5; am L 2004, c 202, §12; am L 2006, c 94, §1; am L 2010, c 109, §1]
HI Rev Stat § 101-53 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-53 Property already appropriated to a public purpose.

 §101-53 Property already appropriated to a public purpose. Whenever the public property sought to be acquired has already been appropriated to some public purpose, in order that the property be acquired by the petitioner it must appear that the use to which the property is sought to be put is more necessary than the purpose to which it has already been appropriated. [L 1949, c 377, pt of §1; RL 1955, §8-52; HRS §101-53] Case Notes  Condemnation by railroad company of public property held as navigable waters denied. 11 H. 717.  Not applicable unless State or county owns the land. 70 H. 18, 757 P.2d 647.
HI Rev Stat § 101-54 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-54 Part I provisions adopted; consolidation of proceedings.

 §101-54 Part I provisions adopted; consolidation of proceedings. The provisions of part I are adopted for and made applicable to the proceedings authorized by this part, except insofar as the provisions of part I are inconsistent with the express provisions of this part.  Upon motion of any party, any special proceeding filed under this part may be consolidated for hearing and decision with any proceeding brought under part I for the same public use, and if so consolidated shall be heard and determined by the judge of the circuit court in which the proceeding under part I is pending, sitting without a jury. [L 1949, c 377, pt of §1; RL 1955, §8-53; HRS §101-54; am L 1973, c 30, pt of §5]
HI Rev Stat § 101-71 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-71 Taking private personal property for public use.

  §101-71 Taking private personal property for public use. In connection with the taking for public use of private real property, the State or any county may take for a public use private personal property which it deems necessary or convenient which has been permanently upon or has been used in connection with the real property being taken. Just compensation must be paid for personal property so taken. Actions under and by virtue of this section shall be commenced by filing a complaint and issuing a summons thereon. If an action is initiated for the taking of the real property, the action for the taking of the personal property must be joined to it. The complaint shall contain, with reference to the personal property sought to be condemned, a statement of the use to which the property is to be put and a description of the property and shall join as defendants all persons who are owners or claimants thereof. The procedure for the acquisition of private personal property shall, except as otherwise expressly provided in this section, be the same as in other actions brought under this chapter unless the provision by its terms is clearly inapplicable to the acquisition of personal property. [L 1972, c 84, pt of §1; am L 1974, c 77, §1]
HI Rev Stat § 101-72 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-72 Negotiated purchase of private personal property under threat of condemnation.

  §101-72 Negotiated purchase of private personal property under threat of condemnation. Any law requiring governmental purchase of personal property pursuant to competitive bidding to the contrary notwithstanding, private personal property, sought to be acquired under threat of the exercise of the power of eminent domain, may be acquired through negotiated purchase. [L 1972, c 84, pt of §1]
HI Rev Stat § 102-1 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-1 Definition.

 §102-1 Definition. The word "concession" as used in this chapter means the grant to a person of the privilege to:  (1) Conduct operations involving the sale of goods, wares, merchandise, or services to the general public including but not limited to food and beverage establishments, retail stores, motor vehicle rental operations under chapter 437D, advertising, and communications and telecommunication services, in or on buildings or land under the jurisdiction of any government agency;  (2) Operate a parking lot on property owned or controlled by the State with the exception of buildings, facilities, and grounds operated by or otherwise under the jurisdiction of the department of education; and  (3) Use, for compensation, space on public property to display advertising, or to conduct operations for communications or telecommunications purposes. [L 1963, c 93, §1; Supp, §7B-1.5; am L 1967, c 189, §3; HRS §102-1; am L 1997, c 208, §2; am L 2001, c 303, §1]
HI Rev Stat § 102-3 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-3 Qualification of bidders.

 §102-3 Qualification of bidders. Before any prospective bidder is entitled to submit any bid for the occupancy of any such space, the prospective bidder shall, not less than six calendar days prior to the day designated for opening bids, give written notice to the officer charged with letting the contract of the prospective bidder's intention to bid, and the officer shall satisfy oneself of the prospective bidder's financial ability, experience and competence to carry out the terms and conditions of any contract that may be awarded. For this purpose, the officer may, in the officer's discretion, require prospective bidders to submit answers, under oath, to questions contained in a form of questionnaire setting forth a complete statement of the experience, competence and financial standing of the prospective bidders. Whenever it appears to the officer, from answers to the questionnaire or otherwise, that any prospective bidder is not fully qualified and able to carry out the terms and conditions of the contract that may be awarded, the officer shall, after affording the prospective bidder an opportunity to be heard and if still of the opinion that the bidder is not fully qualified to carry out the terms and conditions of the contract that may be awarded, refuse to receive or consider any bid offered by the prospective bidder. The officer charged with letting the contract shall not divulge or permit to be divulged the names and the number of persons who have submitted their notice of intention to bid until after the opening of bids. All information contained in the answers to questionnaires shall remain confidential, and any government officer or employee who knowingly divulges or permits to be divulged any such information to any person not fully entitled thereto shall be fined not more than $250. Questionnaires so submitted shall be returned to the bidders after having served their purpose. [L 1959, c 245, §2; am L 1962, c 5, §3; Supp, §7B-2; HRS §102-3; gen ch 1985] Case Notes  Bidders qualifications may be considered after bids have been received and considered as well as before. 47 H. 499, 393 P.2d 60; 5 H. App. 13, 674 P.2d 1019.
HI Rev Stat § 102-4 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-4 Advertisement for bids.

 §102-4 Advertisement for bids. Public notice of a call for bids shall be made not less than three different days statewide, with respect to any state agency, or county-wide within the particular county with respect to any county or county agency. [L 1959, c 245, §3; Supp, §7B-3; HRS §102-4; am L 2001, c 303, §3]
HI Rev Stat § 102-5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-5 Bids; opening; rejection.

 §102-5 Bids; opening; rejection. The time of opening of such tenders shall be not less than five days after the last publication. All bids shall be sealed and delivered to the officer advertising therefor and shall be opened by the officer at the hour and place to be stated in the call for tenders in the presence of all bidders who attend, and may be inspected by any bidder. All bids which do not comply with the requirements of the call for tenders shall be rejected. The officer calling for bids may reject any or all bids and waive any defects when in the officer's opinion such rejection or waiver will be for the best interest of the public. [L 1959, c 245, §4; Supp, §7B-4; HRS §102-5; gen ch 1985] Case Notes  Mandamus compelling acceptance of bid is inapplicable when officer has discretion to reject any and all bids. 47 H. 499, 393 P.2d 60.
HI Rev Stat § 102-6 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-6 Deposits of legal tender, etc., to accompany bid.

 §102-6 Deposits of legal tender, etc., to accompany bid. (a) All bids shall be accompanied by a deposit of legal tender or by a certificate of deposit, share certificate, cashier's check, treasurer's check, teller's check, or official check drawn by, or a certified check accepted by, a bank, savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, in a sum not less than five per cent of the amount bid, payable at sight or unconditionally assigned to the officer advertising for tenders; provided that when the amount bid exceeds $50,000, the deposit shall be in a sum not less than $2,500 plus two per cent of the amount in excess of $50,000.  If the bid deposit is in the form of a surety bond, it shall be issued in accordance with subsection (b).  (b) A bid may be accompanied by a surety bond executed to the officer calling for bids by the bidder as principal and by any bonding company listed in the United States Treasury List; provided that the bond furnished by any surety listed shall not exceed the bonding capacity rating of that surety on the Treasury List; in a sum of equal amount, conditioned upon the bidder entering into the contract and furnishing satisfactory security within ten days after the award or within any further time as the officer may allow, if the bidder is awarded the contract. [L 1959, c 245, §5; am L 1962, c 5, §4; Supp, §7B-5; am L 1967, c 142, §1; HRS §102-6; am L 1975, c 167, §2; am L 1976, c 88, §2; am L 1983, c 108, §1; am L 1990, c 345, §2; am L 1992, c 274, §2; am L Sp 1993, c 8, §3; am L 1994, c 186, §3]
HI Rev Stat § 102-7 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-7 Forfeiture of deposits, return thereof.

 §102-7 Forfeiture of deposits, return thereof. If the bidder to whom the contract is awarded fails or neglects to enter into the contract and furnish satisfactory security, as required by sections 102-11 and 102-12, within ten days after the award or within such further time as the officer awarding the contract may allow, the officer shall pay the amount of the deposit into the treasury as a realization of the State, county or other governmental agency, as the case may be. If the contract is entered into and the security furnished within the required time, the deposit, certificate, or check shall be returned to the successful bidder. The deposits made by the unsuccessful bidders shall be returned to them after the contract is entered into or, if the contract is not awarded or entered into, after the officer's determination to publish another call for tenders. [L 1959, c 245, §6; Supp, §7B-6; HRS §102-7]
HI Rev Stat § 102-8 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-8 Bond may be substituted for deposits.

 §102-8 Bond may be substituted for deposits. In lieu of the deposits prescribed by section 102-6, a bid may be accompanied by a surety bond executed to the officer calling for bids by the bidder as principal and by any corporation organized for the purpose of becoming surety on bonds, authorized under the laws of the United States or of the State to act as surety and doing business in the State under the laws of the United States or of the State, if a foreign corporation, and under the laws of the State, if a Hawaii corporation, as surety, in a penal sum of equal amount, conditioned upon the bidder entering into the contract and furnishing satisfactory security within ten days after the award or within any further time as the officer may allow, if the bidder is awarded the contract. [L 1959, c 245, §7; Supp, §7B-7; HRS §102-8; am L 1990, c 345, §3; am L 1992, c 274, §3]
HI Rev Stat § 102-9 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-9 Contracts to be in writing; highest responsible bidder.

 §102-9 Contracts to be in writing; highest responsible bidder. All such contracts shall be in writing, shall be executed by the officer letting the contract in the name of the State, county, or the board, bureau, or commission thereof authorized to let contracts in its own name, as the case may be, and shall be made with the highest responsible bidder, if such bidder qualifies by providing the security required by sections 102-11 and 102-12. If the highest and best bid or any other bid is rejected, or if the bidder to whom the contract was awarded fails to enter into the contract and furnish satisfactory security, the officer may, in the officer's discretion, award the contract to the next highest and best remaining responsible bidder. [L 1959, c 245, §8; Supp, pt of §7B-8; HRS §102-9; gen ch 1985] Case Notes  Mandamus will not be granted unsuccessful bidder where contract has been executed and there has been part performance by awardee; taxpayer's suit contesting award of contract under invalid specifications. 47 H. 499, 393 P.2d 60.
HI Rev Stat § 102-10 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-10 Modification of contract terms.

 §102-10 Modification of contract terms. If during the term of the contract (including contracts which have been executed and are presently in force) there has been a reduction of fifteen per cent or more in the volume of business of the concessionaire for a period of sixty days or more, computed on the average monthly gross income for the eighteen months just prior to the period or as long as the concessionaire has been in the business, whichever period is shorter, and such reduction as determined by the officer letting the contract is caused by construction work conducted during the period of time on, or within or contiguous to, the public property upon which the concession is located by either the state or county governments, or both, the officer, with the approval of the governor in the case of a state officer and the chief executive of the respective county in the case of a county officer, may modify any of the terms of the contract, including the agreed upon rent, for a period which will allow the concessionaire to recoup the amount lost by such reduction; provided that if the contract includes provisions allowing modification for the above contingencies, this section shall not be applicable thereto; provided further that this provision shall not apply to any particular concession if the application thereto may impair any contractual obligations with bondholders of the State or counties or with any other parties. [L 1963, c 93, §5; Supp, pt of §7B-8; HRS §102-10]
HI Rev Stat § 102-11 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|102. Concessions on Public Property|102-11 Security for performance; conditions.

 §102-11 Security for performance; conditions. (a) Before any contract is entered into, the party with whom the contract is proposed to be made shall give security for the performance thereof as follows:  (1) For a concession required to provide security under the contract in an amount less than four months' rental and other charges, if any:  (A) A good and sufficient bond;  (B) A deposit of legal tender; or  (C) A certificate of deposit, share certificate, cashier's check, treasurer's check, teller's check, or official check drawn by, or a certified check accepted by, a bank, savings institution, or credit union insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration; and  (2) For a concession required to provide security under the contract in an amount equal to or greater than four months' rental and other charges, if any: a good and sufficient bond.  (b) All security provided under this section shall:  (1) Be conditioned on the full and faithful performance of the contract in accordance with the terms and intent thereof;  (2) Be in an amount not less than two months' rental and other charges, if any, required under the contract; provided that any contract for the sale and delivery of in-bond merchandise at the Daniel K. Inouye International Airport shall require a bond in an amount not less than four months of the highest minimum annual rental guaranty required under the contract; and  (3) By its terms inure to the benefit of the State or of the county, as the case may be. [L 1959, c 245, §9; Supp, §7B-9; HRS §102-11; am L 1982, c 141, §1; am L 2006, c 37, §2; am L 2018, c 18, §2]