reglab/housing_qa huggingface dataset:
HI Rev Stat § 206-28 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-28 State and political subdivisions not liable on bonds.

 §206-28 State and political subdivisions not liable on bonds. The bonds and other obligations of the board of land and natural resources under this chapter (and the bonds and obligations shall so state on their face) shall not be a debt of the State or of any political subdivision; neither the State nor political subdivisions shall be liable thereon, nor in any event shall they be payable out of any funds or properties other than those of the board under this chapter. The bonds shall not be considered public indebtedness within the meaning of section 12, article VII of the Constitution of the State, nor shall the bonds constitute an indebtedness within the meaning of any other debt limitation or restriction. Bonds may be issued under this chapter notwithstanding any debt or other limitation prescribed by any statute. [L 1961, c 6, §26; Supp, §98J-26; HRS §206-28]
HI Rev Stat § 206-29 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-29 Form and sale of bonds.

 §206-29 Form and sale of bonds. [(a)] The bonds of the board of land and natural resources shall be authorized by resolution and may be issued in one or more series and shall bear a date or dates, mature at a time or times, not exceeding sixty years from the date thereof, bear interest at a rate or rates, not exceeding six per cent a year, be in a denomination or denominations, be in a form either coupon or registered, carry conversion or registration privileges, have a rank or priority, be executed in a manner, be payable in a medium of payment, at a place or places, and be subject to terms or redemption (with or without premium) that the resolution, its trust indenture, or mortgage may provide.  [(b)] The bonds shall be sold at not less than par at public sale held after public notice given at least five days prior to the sale statewide; provided that the bonds may be sold at not less than par to the federal government at private sale without any public notice.  [(c)] If any member or officer of the board whose signature appears on any bond or coupon ceases to be a member or official before the delivery of a bond, the member's or officer's signature, nevertheless, shall be valid and sufficient for all purposes, the same as if the member or officer had remained in office until its delivery. Any provision of any law to the contrary notwithstanding, all bonds issued pursuant to this chapter shall be fully negotiable.  [(d)] In any suit, action, or proceedings, involving the validity or enforcement of any bond of the board or the security therefor, any bond, reciting in substance that it has been issued by the board to aid in financing a development project, shall be conclusively deemed to have been issued for a development project, and the project shall be conclusively deemed to have been planned, located, and constructed in accordance with the purposes and provisions of this chapter. [L 1961, c 6, §27; Supp, §98J-27; HRS §206-29; gen ch 1985; am L 1998, c 2, §65]
HI Rev Stat § 206-31 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-31 Remedies of an obligee; mandamus, injunction, possessory action, receiver, accounting, etc.

 §206-31 Remedies of an obligee; mandamus, injunction, possessory action, receiver, accounting, etc. An obligee of the board of land and natural resources may, in addition to all other rights which may be conferred on the obligee, subject only to any contractual restrictions binding upon the obligee, and subject to the prior and superior right of others:  (1) By mandamus, suit, action, or proceeding in law, compel the board, and the members, officers, agents, or employees thereof, to perform each and every term, provision, and covenant contained in any contract of the board, and require the carrying out of any or all covenants and agreements of the board and the fulfillment of all duties imposed upon the board by this chapter;  (2) By suit, action, or proceeding in equity, enjoin any act or thing which may be unlawful, or the violation of any of the rights of the obligee of the board;  (3) By suit, action, or proceeding in any court of competent jurisdiction, cause possession of any project or any part thereof to be surrendered to any obligee having the right to such possession pursuant to any contract of the board;  (4) By suit, action, or proceeding in any court of competent jurisdiction, upon the happening of an event of default (as defined in a contract of the board), obtain the appointment of a receiver of any development project of the board or any part or parts thereof and, if the receiver be appointed, the receiver may enter and take possession of the project or any part or parts thereof and operate and maintain same, and collect and receive all revenues or other charges thereafter arising therefrom in the same manner as the board itself might do, and shall keep such moneys in a separate account or accounts and apply the same in accordance with the obligations of the board as the court shall direct;  (5) By suit, action, or proceeding in any court of competent jurisdiction, require the board and the members thereof to account as if it and they were the trustees of an express trust. [L 1961, c 6, §29; Supp, §98J-29; HRS §206-31; gen ch 1985] Rules of Court  One form of action, see HRCP rules 1, 2, and 81(i).
HI Rev Stat § 206-32 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-32 Subordination of mortgage to agreement with government.

 §206-32 Subordination of mortgage to agreement with government. The board of land and natural resources may agree in any mortgage made by it that the mortgage shall be subordinate to a contract for the supervision by a government of the operation and maintenance of the mortgaged property and the construction of improvements thereon. In that event, any purchaser or purchasers at a sale of the property of the board pursuant to a foreclosure of the mortgage or any other remedy in connection therewith, shall obtain title to the contract. [L 1961, c 6, §30; Supp, §98J-30; HRS §206-32]
HI Rev Stat § 206-33 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-33 Development project bonds as legal investments.

 §206-33 Development project bonds as legal investments. The State and all of its public officers, municipal corporations, political subdivisions, and public bodies, all banks, bankers, trust companies, savings banks and institutions, including savings and loan associations, all investment companies, insurance companies, insurance associations, and other persons carrying on an insurance business in the State, and all personal representatives, guardians, trustees, and other fiduciaries in the State may legally invest moneys or funds belonging to them or within their control and available for investment under other provisions of law, in any bonds or other obligations issued by the board of land and natural resources, and the bonds and other obligations of the board or agency shall be authorized security for all public deposits and shall be fully negotiable in the State. It is the purpose of this section to authorize any of the foregoing to use any funds owned or controlled by them, including (but not limited to) sinking, insurance, investment, retirement, compensation, pension, and trust funds and funds held on deposit, for the purchase of any bonds or other obligations; provided that nothing contained in this section shall operate to relieve any person, firm, or corporation from liability for failure to exercise reasonable care in selecting investments or, in the case of a guardian or trustee, from liability for failure to exercise the judgment and care to observe the duties required of a guardian or trustee by article 8 of chapter 412 and section 554-6. [L 1961, c 6, §31; Supp, §98J-31; HRS §206-33; am L 1976, c 200, pt of §1; am L 1993, c 350, §7]
HI Rev Stat § 206-34 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-34 Policy as to sale prices and rentals.

 §206-34 Policy as to sale prices and rentals. It shall be the policy of the State that the board of land and natural resources (acting directly or by an agent or agents) shall manage and operate its development projects in an efficient manner so as to enable it to fix the rentals or prices for lands at the lowest possible rates or sales prices consistent with the purpose of this chapter; and that the board shall not construct or operate any project for profit, or as a source of revenue to the State. To this end, the board shall fix the sales prices for residential lots or rentals for lots or buildings in its projects at no higher rates or prices than it shall find to be necessary to produce revenues which (together with all other available moneys, revenues, income, and receipts of the board from whatever sources derived under the administration of this chapter) will be sufficient:  (1) To pay, as the same become due, the principal and interest on the bonds of the board;  (2) To meet the cost of, and to provide for, maintaining and operating the projects (including the cost of any insurance) and the administrative expenses of the board; and  (3) To create a reserve sufficient to meet the largest principal and interest payments which will be due on the bonds in any one year thereafter, and to maintain such reserve; provided that the rates or prices shall be at least fifteen per cent below the going market prices of comparable properties determined in accordance with generally accepted appraisal principles. [L 1961, c 6, §32; Supp, §98J-32; HRS §206-34]
HI Rev Stat § 206-35 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-35 Agreement to secure federal contributions; default.

 §206-35 Agreement to secure federal contributions; default. In addition to the powers conferred upon the board of land and natural resources by other provisions of this chapter, the board, in any contract for annual contributions with the federal government, may obligate itself (which obligation shall be specifically enforceable and shall not constitute a mortgage, notwithstanding any other laws) to convey to the federal government possession of or title to the project to which the contract relates, upon the occurrence of a substantial default (as defined in the contract) with respect to the covenants or conditions to which the board is subject. The contract may provide further that in case of such conveyance, the federal government may complete, operate, manage, lease, convey, or otherwise deal with the project in accordance with the terms of the contract; provided that the contract shall require that, as soon as practicable after the federal government is satisfied that all defaults with respect to the project have been cured and that the project will thereafter be operated in accordance with the terms of the contract, the federal government shall reconvey to the board the project as then constituted. [L 1961, c 6, §33; Supp, §98J-33; HRS §206-35]
HI Rev Stat § 206-36 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-36 Payments to public bodies.

 §206-36 Payments to public bodies. The board of land and natural resources may agree to make such payments to the State, or any political subdivision thereof (which payments such bodies may accept), as the board finds consistent with the achievement of the purposes of this chapter. [L 1961, c 6, §34; Supp, §98J-34; HRS §206-36]
HI Rev Stat § 206-38 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-38 Governmental advances and donations.

 §206-38 Governmental advances and donations. [(a)] The board of land and natural resources shall submit to the legislature at each regular session estimates of the amount of the administrative expenses and overhead of the board for the succeeding annual period for the purpose of this chapter so that the legislature may make an appropriation therefor if it deems the action advisable.  [(b)] Any political subdivision within the territorial boundaries of which a development project or projects are located or about to be located, may, from time to time, make donations or advances to the board of such sums as the political subdivision in its discretion may determine; the advances or donations shall be made for the purpose of aiding or cooperating in the construction and operation of the development project or projects. The board, when it has money available therefor, shall reimburse political subdivisions for all advances made by way of a loan to it. [L 1961, c 6, §36; Supp, §98J-36; HRS §206-38]
HI Rev Stat § 206-39 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-39 Action of political subdivision by resolution.

 §206-39 Action of political subdivision by resolution. All action authorized to be taken under this chapter by any political subdivision may be by resolution adopted by a majority of all the members of its governing body. The resolution may be adopted at the meeting of the governing body at which the resolution is introduced and shall take effect immediately upon the adoption, and no resolution need be published or posted. [L 1961, c 6, §37; Supp, §98J-37; HRS §206-39]
HI Rev Stat § 206-40 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-40 Purpose of chapter.

 §206-40 Purpose of chapter. It is the purpose and intent of the legislature that other departments and agencies of the State and the political subdivisions of the State shall do any and all things necessary to aid and cooperate in the planning, construction, sale, lease, and operation of development projects by the board or the United States. [L 1961, c 6, §38; Supp, §98J-38; HRS §206-40]
HI Rev Stat § 206-41 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-41 Source of operating funds; disposition of unencumbered funds.

 §206-41 Source of operating funds; disposition of unencumbered funds. (a) All moneys to carry out the purposes of this chapter shall be allocated by the legislature in accordance with subsection (c) out of appropriations from the state general fund. The department shall include in its budgetary request for each upcoming fiscal period, the amounts necessary to effectuate the purposes of this chapter.  (b) All unexpended balances of appropriations, allocations, allotments, special revolving funds, or other funds heretofore created and made available for the purposes of developing or administering any project subject to this chapter shall be transferred to the state general fund; provided that any unexpended balances in any special revolving fund or other funds created and made available, in whole or in part, with federal funds, or with assistance from the federal government, or for housing undertaken pursuant to a contract between the federal government and the State or the board of land and natural resources shall be segregated from other funds and shall be deposited and maintained as required by the federal government.  (c) There is appropriated from the general revenues of the State sufficient moneys as may be necessary, from time to time, with the approval of the governor, for the purposes specified in this chapter, provided that not more than $1,000,000 may be expended, with the approval of the governor, in land development for any one project; and provided further that such sums as may be utilized from time to time and which are reimbursed from land sales shall be deposited into the general fund.  All moneys received by the board under or pursuant to this chapter, including refunds, reimbursements, and revenues, shall be deposited in the state general fund, to the extent permitted by federal law or regulation. Except as otherwise provided by this chapter, the funds appropriated by the legislature may be expended by the board for any and all of the purposes of this chapter, including, without prejudice to the generality of the foregoing, the acquisition, clearance, and improvement of property; the construction and reconstruction of building sites; and the development and administration of development projects and administration expenses. The provisions of this section shall be subject to applicable federal law and regulation, to any contract between the federal government and the State or the board relating to development projects subject to this chapter, and to the terms and conditions of contributions or other assistance from the federal government. [L 1961, c 6, §39; am L 1963, c 114, §1; am L 1965, c 157, §5; Supp, §98J-39; HRS §206-41; am L 1993, c 280, §48]
HI Rev Stat § 206-42 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-42 Conformity with federal law.

 §206-42 Conformity with federal law. In carrying out this chapter the State and the board of land and natural resources shall cooperate, to the fullest extent consistent with the provisions of this chapter, with the federal government, and shall respectively take such action through the adoption of appropriate rules, regulations, administrative methods and standards, as may be necessary to secure to this State all advantages available under any federal law or regulation. [L 1961, c 6, §40; Supp, §98J-40; HRS §206-42]
HI Rev Stat § 206-43 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206. Oahu Land Development|206-43 Existing obligations, no impairment.

 §206-43 Existing obligations, no impairment. Nothing contained in this chapter shall impair or affect any outstanding notes, contracts, or obligations of the State or of the board of land and natural resources. [L 1961, c 6, §41; Supp, §98J-41; HRS §206-43]
HI Rev Stat § 206E-1 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206E. Hawaii Community Development Authority|206E-1 Findings and purpose.

  §206E-1 Findings and purpose. The legislature finds that many areas of the State are substantially undeveloped, blighted, or economically depressed, and are or are potentially in need of renewal, renovation, or improvement to alleviate such conditions as dilapidation, deterioration, age, and other such factors or conditions which make such areas an economic or social liability.  The legislature further finds that there exists within the State vast, unmet community development needs. These include, but are not limited to, a lack of suitable affordable housing; insufficient commercial and industrial facilities for rent; residential areas which do not have facilities necessary for basic liveability, such as parks and open space; and areas which are planned for extensive land allocation to one, rather than mixed uses.  It is further determined that the lack of planning and coordination in such areas has given rise to these community development needs and that existing laws and public and private mechanisms have either proven incapable or inadequate to facilitate timely redevelopment and renewal.  The legislature finds that a new and comprehensive authority for community development must be created to join the strengths of private enterprise, public development and regulation into a new form capable of long-range planning and implementation of improved community development. The purpose of this chapter is to establish such a mechanism in the Hawaii community development authority, a public entity which shall determine community development programs and cooperate with private enterprise and the various components of federal, state, and county governments in bringing plans to fruition. For such areas designated as community development districts, the legislature believes that the planning and implementation program of the Hawaii community development authority will result in communities which serve the highest needs and aspirations of Hawaii's people.  The legislature finds that the creation of the Hawaii community development authority, the establishment of community development districts, and the issuance of bonds pursuant to this chapter to finance public facilities serve the public interest and are matters of statewide concern. [L 1976, c 153, pt of §1; am L 1985, c 38, §1; am L 1993, c 311, §3]
HI Rev Stat § 206E-4.1 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206E. Hawaii Community Development Authority|206E-4.1 Assignment of powers and duties prohibited.

  §206E-4.1 Assignment of powers and duties prohibited. Notwithstanding anything contained in this chapter to the contrary, the authority shall not assign to any person or agency, including the executive director of the authority, any of its powers and duties related to the approval of any variance, exemption, or modification of any provision of a community development plan or community development rules. [L 2014, c 61, §1]
HI Rev Stat § 206E-4.2 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206E. Hawaii Community Development Authority|206E-4.2 Reserved and workforce housing units; transfer to qualified nonprofit housing trust.

 §206E-4.2 Reserved and workforce housing units; transfer to qualified nonprofit housing trust. (a) Notwithstanding any law to the contrary, the authority may authorize a designated qualified nonprofit housing trust to administer the covenants and rules related to the reserved housing and workforce housing programs. Additionally, the authority may waive its right to repurchase a reserved or workforce housing unit during the restriction period and may transfer that right of repurchase to a qualified nonprofit housing trust for the purpose of maintaining the reserved or workforce housing unit as an affordable housing unit. If the repurchase rights are transferred to a qualified nonprofit housing trust, the restrictions prescribed in this chapter or in rules adopted by the authority shall be automatically extinguished and shall not attach in subsequent transfers of title; provided further that the qualified nonprofit housing trust shall establish new buyback restrictions for the purpose of maintaining the unit as affordable for as long as practicable, or as otherwise required by the authority.  (b) A qualified nonprofit housing trust shall report the status and use of its housing units to the authority by November 30 of each calendar year. [L 2017, c 159, §2]
HI Rev Stat § 206E-4.5 (2021)
2021 Hawaii Revised Statutes|Title 13. Planning and Economic Development|206E. Hawaii Community Development Authority|206E-4.5 Urban gardening programs.

  §206E-4.5 Urban gardening programs. Notwithstanding any other provision of law, the authority may develop programs that provide incentives for the development of housing projects that incorporate urban gardening programs; provided that the college of tropical agriculture and human resources of the University of Hawaii at Manoa shall be consulted regarding best practices in urban gardening, including vertical gardening, aquaponics, and community gardening. [L 2013, c 202, §3]