reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-14 Duty and right of finders.

§52D-14 Duty and right of finders.
(a) Except as provided in section 261-17.7, all money or property found shall be reported or delivered by the finder to the chief of police of the county. When so delivered, it shall be held by the chief of police for forty-five days or until claimed by some person who establishes title or right of custody thereto to the satisfaction of the chief of police. If title or right of custody is established, the money or property shall be delivered to the claimant by the chief of police.
(b) If no claim is made or no such right is established within the forty-five days, the money or property shall be returned to the person who delivered it to the chief of police, except as provided in subsection (c); provided that if the person who delivered it to the chief of police fails to claim the money or property within thirty days after being notified by the chief of police that the person is entitled to possession, the chief of police shall dispose of the money or property in accordance with the procedures established in section 52D-10. For the purpose of this section, notice by regular mail to the person's last known address shall be sufficient.
(c) Before an electronic device that allows for storage of personal information is returned to the finder or disposed of by public auction or other means, the device shall be sanitized in accordance with guidance provided by the information privacy and security council to ensure removal of personal information. If removal of personal information is not possible or cannot be verified without unreasonable expense, the device shall be destroyed in a manner sufficient to eliminate the information, and then disposed of or recycled. The chief of police shall make reasonable efforts to notify the finder that the device was destroyed and disposed of or recycled because personal information could not be removed.
For purposes of this subsection, "personal information" shall have the same meaning as in section 487N-1. [L 1989, c 136, pt of §2; am L 2018, c 82, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-15 Off-duty police officers; benefits for personal injuries.

§52D-15 Off-duty police officers; benefits for personal injuries.
For the purposes of chapters 88 and 386, a police officer who is injured, disabled, or killed while actually engaged in the apprehension or attempted apprehension of law violators or suspected law violators, or in the preservation of peace, or in the protection of the rights or property of persons shall be deemed to have been injured, disabled, or killed while in the actual performance of duty, and the injury, disability, or death shall be deemed to have been caused by accident arising out of and in the course of the police officer's employment, notwithstanding that the accident causing the injury, disability, or death occurred at a time, place, or time and place, not within the police officer's regular tour of duty and notwithstanding that the police officer was not acting under the direction of the police officer's superiors at the time and place of the accident; provided that the accident occurs within the jurisdiction wherein the police officer is commissioned and while the police officer is acting solely as a police officer. [L 1993, c 290, §1]
Cross References
Retirement benefits, see §88-158.
Workers' compensation, see §386-3.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-16 Domestic violence policies; standard of conduct policies.

§52D-16 Domestic violence policies; standard of conduct policies.
Each county police department shall post its policies relating to domestic violence, officer-involved domestic violence, and standards of conduct on its official website. [L 2015, c 30, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 52D. Police Departments › 52D-17 Citizen administrative complaints; officer-involved domestic violence.

§52D-17 Citizen administrative complaints; officer-involved domestic violence.
Citizen administrative complaints against a police officer that involve allegations of domestic abuse by the police officer against a family or household member shall not be required to be filed as a notarized or sworn written statement.
For purposes of this section, "family or household member" has the same meaning as in section 709-906. [L 2018, c 112, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-2 Redevelopment agency; creation.

§53-2 Redevelopment agency; creation.
(a) The council of a county by resolution may create a local redevelopment agency for the county, which shall be a county agency and a public body, corporate and politic, and shall consist of five members, appointed by the mayor, with the approval of the council, who shall be outstanding and public-spirited citizens and who shall have resided in the county for at least three years immediately preceding their appointment. The members of the agency shall serve for terms of five years each; provided that upon the initial appointment of the members of the agency, one member shall be appointed for a term of one year, the second member for a term of two years, the third member for a term of three years, the fourth member for a term of four years and a fifth member for a term of five years. Each vacancy shall be filled by the appointing power for the remainder of the unexpired term. No more than three of the members shall belong to the same political party.
(b) The appointing power which appoints a member may appoint an acting member to serve during the absence or inability to serve of such member, and the acting member shall, while so acting, have all of the powers of the member in whose place the acting member is temporarily appointed. Members shall hold over until their respective successors are appointed and qualify. Members shall receive no remuneration for their services except actual expenses incurred in the performance of their duties. No member shall hold any elective or other appointive office or position of the member's county. Each member shall be required to give bond in the sum of $15,000 for the faithful performance of the member's duties, and the agency may also require any of its subordinates to give bond, the premiums upon the bonds to be paid by the agency. [L 1949, c 379, pt of §4; am L 1951, c 244, §2; RL 1955, §143-3; am L 1957, c 64, §1; am imp L 1967, c 80, §1; HRS §53-2; gen ch 1985]
Attorney General Opinions
Redevelopment agencies are not "political subdivisions" within meaning of §103-53 and are not subject to tax clearance requirements. Att. Gen. Op. 62-14.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-3 Interest in project prohibited; disclosure of interest.

§53-3 Interest in project prohibited; disclosure of interest.
No member or employee of the redevelopment agency shall acquire any interest, direct or indirect, in any redevelopment project or in any property included or planned to be included in any such project, nor shall the member or employee have any interest, direct or indirect, in any contract or proposed contract, for materials or services to be furnished or used in connection with the project. If any member or employee owns or controls an interest, direct or indirect, in any property included or planned to be included in any redevelopment project, the member or employee shall immediately disclose the same in writing to the agency and the disclosure shall be entered upon the minutes of the agency. Failure to so disclose the interest shall constitute misconduct sufficient to warrant removal. [L 1949, c 379, pt of §4; am L 1955, c 271, pt of §1(e); RL 1955, §143-4; HRS §53-3; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-4 Removal of members.

§53-4 Removal of members.
Any member of a redevelopment agency may be removed for any inefficiency, neglect of duty, or misconduct in office by the mayor with the approval of the council. [L 1949, c 379, pt of §4; am L 1955, c 271, pt of §1(e); RL 1955, §143-5; am L 1957, c 64, §3; HRS §53-4]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-7 Urban renewal projects in disaster areas.

§53-7 Urban renewal projects in disaster areas.
Notwithstanding any other provisions of this chapter, where the council of a county certifies that an area within the county is in need of renewal, redevelopment, or rehabilitation as a result of a seismic wave, flood, fire, hurricane, earthquake, storm, volcanic activity, explosion, or other catastrophe, natural or of human origin (herein called "disaster area") respecting which the governor of the State has certified the need for disaster assistance under Public Law 875, Eighty-first Congress (64 Stat. 1109), or other federal law, the council of a county may approve an urban renewal plan and an urban renewal project with respect to the area without regard to:
(1) The provisions of this chapter as follows: the definitions of "redevelopment area" and "urban area" in section 53-1; the proviso of the first sentence of paragraph (4) of section 53-5; the requirements for housing of displaced families, approval of the plan by planning commission, public hearings and findings required by the county council prior to the approval of the plan as contained in section 53-6, provided that the limitation of time in which to contest validity of the proceedings or of the renewal plan provided in section 53-6 in the case of an urban renewal project for disaster areas shall be twenty days instead of thirty days; the exceptions set forth in the second sentence of section 53-20; the proviso of the second sentence of section 53-21; and
(2) Any of the provisions of this chapter requiring public hearings or requiring that the urban renewal plan conform to the master plan for the development of the county or locality as a whole, or that the urban renewal area be a slum area, or a blighted, deteriorated, or deteriorating area, or that the urban renewal area be predominantly residential in character or be developed or redeveloped for residential use.
In the preparation, planning, financing, acquisition, and disposal of real property, and the execution generally of an urban renewal project for disaster areas, a redevelopment agency shall have all of the rights, powers, privileges, and immunities conferred upon the agency by this chapter including any amendment thereof or addition thereto, or by any other law, in the same manner as though all provisions of law relating to urban renewal projects were applicable to the redevelopment and renewal of the disaster areas as in this section provided, subject to the exceptions hereinabove set forth. [L Sp 1960, c 5, §1; Supp, §143-7.1; HRS §53-7; am L 1987, c 283, §5; am L 1999, c 18, §1]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-9 Work on acquired areas; competitive contracts.

§53-9 Work on acquired areas; competitive contracts.
The redevelopment agency may, by letting of contracts therefor, or by using its own employees, clear the acquired areas and maintain and repair or rehabilitate, but not reconstruct or enlarge, any structure (except structures to be held and used by the government for public purposes); provided that any work, the estimated cost of which is in excess of $1,000, shall be let only in accordance with chapter 103D. [L 1949, c 379, pt of §4; RL 1955, §143-9; HRS §53-9; am L Sp 1993, c 8, §54]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-10 Appraisal of lands of agency.

§53-10 Appraisal of lands of agency.
At any time after the approval of the redevelopment plan and before disposing of any of its lands or properties, the redevelopment agency shall appoint one or more, but not more than three competent persons to make independent appraisals of the value of its property, based upon the future use of the area under the redevelopment plan. The appraisals shall serve only as a guide for the agency in determining a fair price for the disposal of its land and property but need not be adhered to in making the disposal, and shall become a public record and subject to examination by any interested person after the disposal. [L 1949, c 379, pt of §4; am L 1951, c 244, pt of §3; am L 1953, c 210, §3; RL 1955, §143-10; HRS §53-10]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-11 Government instrumentalities to cooperate with agency.

§53-11 Government instrumentalities to cooperate with agency.
For the purpose of aiding and cooperating in the planning, undertaking, construction, or operation of redevelopment projects located within the area in which it is authorized to act, any instrumentality of the government, may upon such terms, with or without consideration, as it may determine:
(1) Dedicate, sell, convey, or lease any of its property to a redevelopment agency;
(2) Cause parks, playgrounds, recreational, community, educational, water, sewer, or drainage facilities or any other works which it is otherwise empowered to undertake, to be furnished adjacent to or in connection with redevelopment projects;
(3) Furnish, dedicate, close, pave, install, grade, regrade, plan or replan streets, roads, roadways, alleys, sidewalks, or other places which it is otherwise empowered to undertake;
(4) Enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with the federal government or any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this part, including the furnishing of funds or other assistance in connection with projects being or to be undertaken pursuant to this part;
(5) Purchase or legally invest in any of the bonds of an agency and exercise all of the rights of any holder of the bonds;
(6) Reimburse the agency for lands acquired and transferred or dedicated by the agency for public purposes. [L 1949, c 379, pt of §4; am L 1955, c 271, §1(h); RL 1955, §143-11; HRS §53-11]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-13 New constructions by agency.

§53-13 New constructions by agency.
The redevelopment agency may not erect new structures upon any of its property (except structures to be held and used by the government for public purposes), but, if it will promote the realization of the redevelopment plan, it may grade, drain, construct streets, and install necessary utilities such as sewers, water, and lights. [L 1949, c 379, pt of §4; RL 1955, §143-13; HRS §53-13]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-14 Agency exempt from real property taxes.

§53-14 Agency exempt from real property taxes.
The redevelopment agency shall be exempt from real property taxes upon any of its land or buildings so long as title is held by it, but not exceeding two years from the date of their acquisition; provided that the tax exemption shall not apply to any land or structure from which the agency is receiving an income. [L 1949, c 379, pt of §4; RL 1955, §143-14; HRS §53-14]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-15 Financial assistance of agency and office of urban renewal coordinator; redevelopment fund.

§53-15 Financial assistance of agency and office of urban renewal coordinator; redevelopment fund.
The redevelopment agency may borrow and apply for and accept advances, loans, grants, contributions, and any other form of financial assistance from the federal, state, or county governments or other public body, or from any sources, public or private, for purposes of this part, and may give such security as may be required and may enter into and carry out contracts in connection therewith. In the event that any contract for federal assistance or any federal law or regulations applicable thereto requires any action, practice, procedure, or remedy to be undertaken by the agency in any urban renewal project that is contrary to or conflicts with any state or local law, then the federal requirements or provisions shall govern and prevail over any provision of state or local law to the contrary. The foregoing provision shall be liberally applied and construed as to any case of conflicting federal and local requirements to the end that federal financial assistance for any urban renewal project shall not be hindered, impaired, or jeopardized. In fulfilling its duties the agency may expend funds legally loaned, appropriated, or granted to it by any agency of the government, funds received as gifts or contributions, and funds received from the sale or use of its properties. All moneys received by any agency shall be paid into the treasury of the county to be held in a redevelopment fund, hereby created, to the credit of the agency and shall be disbursed upon warrants of the director of finance, based upon vouchers signed by the chairperson or acting chairperson of the agency or any subordinate of the agency duly authorized by it to sign the vouchers.
The office of urban renewal coordinator shall submit in its budget estimates of amount required for administrative expenses and other costs of operation of the office of the urban renewal coordinator to be appropriated from the redevelopment fund; provided the amount to be appropriated for the purposes for any one year shall not exceed the sum of $200,000; and provided further that the estimates for the office of urban renewal coordinator shall have first been approved by the mayor and the council. [L 1949, c 379, pt of §4; am L 1951, c 244, pt of §3; RL 1955, §143-15; am L 1957, c 163, §2; am L 1959, c 226, §1; am L 1961, c 112, §2 and c 143, §1; HRS §53-15; gen ch 1993]
Cross References
Urban renewal coordinator, generally, see § §53-55 to 53-59.
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-17 Bonds of agency to be legal investments.

§53-17 Bonds of agency to be legal investments.
Bonds issued by a redevelopment agency in connection with one or more redevelopment plans or redevelopment projects pursuant to this part shall be legal investments and security for public deposits to the same extent and for the same public officers and bodies, political subdivisions, persons, companies, corporations, associations, banks, institutions, and fiduciaries as bonds or obligations issued by the Hawaii housing finance and development corporation under chapter 201H in connection with slum clearance and housing projects. [L 1949, c 379, pt of §4; RL 1955, §143-17; HRS §53-17; am L 1987, c 337, §5(2); am L 2005, c 196, §26(b); am L 2006, c 180, §16; am L 2007, c 249, §10]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-18 Investment of funds.

§53-18 Investment of funds.
A redevelopment agency may invest any of its funds not required for immediate disbursement in securities which constitute legal investments under state laws relating to investment of trust funds by trust companies, including those authorized by article 8 of chapter 412. [L 1949, c 379, pt of §4; RL 1955, §143-18; HRS §53-18; am L 1993, c 350, §2]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-19 Report.

§53-19 Report.
Each redevelopment agency shall make an annual report of its receipts, expenditures, and activities, and of its proposed program and estimated cost thereof for the ensuing year to the council of its county, before August 1 as of the end of the preceding fiscal year. [L 1949, c 379, pt of §4; am L 1955, c 271, §1(i); RL 1955, §143-19; am imp L 1965, c 166, § §1, 2; HRS §53-19]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-20 Auxiliary redevelopment area.

§53-20 Auxiliary redevelopment area.
Where a redevelopment agency finds:
(1) That there is a shortage of decent, safe, and sanitary housing in the county;
(2) That the provision of decent, safe, and sanitary dwelling accommodations on undeveloped vacant land, not within a blighted area, is necessary to accomplish the relocation of families to be displaced from blighted areas which are to be redeveloped or displaced from disaster areas as defined in this chapter; and
(3) That the acquisition of a particularly described area of the undeveloped vacant land (hereinafter called an "auxiliary redevelopment area"), suitable for development for predominantly residential uses and so characterized in the master plan, is essential to the proper clearance or redevelopment of blighted or disaster areas or a necessary part of the general program for clearance or redevelopment of blighted or disaster areas in the county;
then, subject to the conditions hereinafter stated, the acquisition, planning, preparation for development, or disposal of such auxiliary redevelopment area shall constitute a redevelopment project which may be undertaken by the agency in the manner provided by this part. The procedure for the preparation, submission, and the final approval, amendment and approval, or disapproval, of the redevelopment project, and subsequent proceedings with respect thereto, shall be the same, as nearly as may be, as in the case of other redevelopment projects, except that:
(1) The council shall not approve such plan or project unless it shall by resolution, concur in every finding of the agency required by this section and also find that the auxiliary redevelopment area will be developed for predominantly residential uses; and
(2) The requirement of a finding that the redevelopment project is in a blighted area prescribed by section 53-6 shall not be applicable. [L 1951, c 244, pt of §3; RL 1955, §143-20; am L Sp 1960, c 5, §3; am L 1965, c 101, §1(j); HRS §53-20]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-24 Consent of agency to incorporation of redevelopment corporations.

§53-24 Consent of agency to incorporation of redevelopment corporations.
If any articles of association of a redevelopment corporation are presented to the state director of commerce and consumer affairs, the director shall not file the articles unless a certificate of the consent of the redevelopment agency accompanies the same. No certificate of amendment of the articles of association, or certificate of increase or decrease or change in par value of the capital stock, of a development corporation shall be filed by the director unless a certificate of the consent of the agency of the county in which the project is located accompanies the same. [L 1949, c 379, §7; RL 1955, §143-23; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §53-24; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-25 Application of other corporation laws.

§53-25 Application of other corporation laws.
All provisions of the general corporation laws, not inapplicable and not inconsistent with the provisions of this part shall apply to redevelopment corporations. If any action with respect to which the holders of income debentures shall have the right to vote is proposed to be taken, then notice of any meeting at which the action is proposed to be taken shall be given to the holders in the same manner and to the same extent as if they were stockholders entitled to notice of and to vote at the meeting, and any certificate filed pursuant to law with the state director of commerce and consumer affairs with respect to any action, whether taken with or without meeting, and any affidavit required by law to be annexed to the certificate, shall contain the same statements or recitals and the certificate shall be subscribed and acknowledged, and the affidavit shall be made, in the same manner as if the holders were stockholders holding shares of an additional class of stock entitled to vote on the action or with respect to the proceedings provided for in the certificate. [L 1949, c 379, §8; RL 1955, §143-24; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §53-25; am L 1982, c 204, §8; am L 1983, c 124, §17]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-26 Powers of redevelopment corporations.

§53-26 Powers of redevelopment corporations.
Each redevelopment corporation shall have and may exercise such of the powers conferred by the general corporation laws as are necessary in conducting the business of a redevelopment corporation and consistent with this part. [L 1949, c 379, §9; RL 1955, §143-25; HRS §53-26]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-27 Limited return on investment.

§53-27 Limited return on investment.
Subject to section 53-36, there shall be paid annually out of the earnings of the redevelopment corporation, after providing for all expenses, taxes, assessments, and depreciation in improvements, or, in the case of a lease, for amortization, a sum for interest and dividends not exceeding eight per cent of the total actual final cost of the project as defined by [paragraph] (2) of section 53-32. The obligation in respect of the payments shall be cumulative, and any deficiency in interest and dividends in any year shall be paid from the first available earnings in subsequent years; and any cash surplus derived from earnings remaining in the treasury of the redevelopment corporation in excess of the amount necessary to provide the cumulative annual sums shall, upon dissolution of the corporation, be paid into the redevelopment fund of the county in which the project lies. [L 1949, c 379, §10; am L 1951, c 244, §6; RL 1955, §143-26; am L 1959, c 44, §3; HRS §53-27]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-28 Consideration for issuance of stocks and bonds.

§53-28 Consideration for issuance of stocks and bonds.
No redevelopment corporation shall issue stock, bonds, or income debenture certificates except for money or property actually received for the use and lawful purposes of the redevelopment corporation. No stock, bonds, or income debenture certificates shall be issued for property except upon a valuation approved by the redevelopment agency and the valuation shall be used in computing actual or estimated cost. [L 1949, c 379, §11; RL 1955, §143-27; HRS §53-28]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-29 Minimum amount of stock and debentures.

§53-29 Minimum amount of stock and debentures.
Except as provided in this section the stock and income debenture certificates issued by the redevelopment corporation shall in no event be less than the total of ten per cent of the total actual final cost, as defined in [paragraph] (2) of section 53-32, of any project or projects undertaken pursuant to this part. The redevelopment agency may permit stock or income debenture certificates to be issued for working capital to be used in connection with the project to an amount not exceeding five per cent of the estimated cost, or five per cent of the total actual final cost, if that should exceed the estimated cost of a project. [L 1949, c 379, §12; RL 1955, §143-28; am L 1959, c 96, §1; HRS §53-29]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-30 Income debentures.

§53-30 Income debentures.
With the approval of the redevelopment agency, the articles of association, or amended articles, may authorize the issuance of income debenture certificates bearing no greater interest than six per cent a year. The income debenture certificates and any instrument under which they are issued may contain other provisions, including provisions for amortization by serial maturities, through the operation of a sinking fund or otherwise, which may be approved by the agency. [L 1949, c 379, §13; RL 1955, §143-29; HRS §53-30]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-32 Limitations.

§53-32 Limitations.
In addition to limitations prescribed by this part a redevelopment corporation shall not have power to:
(1) Acquire any real property or interest therein for a project or projects unless the redevelopment agency determines as provided in this part that the acquisition is necessary or convenient for the public purpose defined in this part.
(2) Issue its stock, debentures, and bonds covering any project undertaken by it in an amount greater in the aggregate than the total actual final cost of the project. The actual cost of the project shall include the cost of the lands and improvements constituting the project and charges for planning, financing, and supervision approved by the supervising agency, condemnation charges and interest and other carrying charges during the period of acquisition and of construction. The total actual final cost shall be deemed to be an amount equal to the actual cost plus an allowance for working capital. The allowance for working capital shall not exceed an amount equal to five per cent of the estimated cost or of the total actual final cost of the project if that shall be greater than the estimated cost.
(3) Enter into contracts for the payment of salaries to officers or employees, or for the construction or for the substantial repair, improvement, or operation of projects, except subject to the approval of the agency. [L 1949, c 379, §15; RL 1955, §143-31; HRS §53-32]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-33 Advances by redevelopment corporation.

§53-33 Advances by redevelopment corporation.
A redevelopment agency may enter into a contract with a redevelopment corporation at any time after approval of a redevelopment plan whereby the corporation will pay or agree to pay an agreed sum or sums, or such sums as may be necessary, to be expended by the agency in the acquisition or clearing, or both, of real property for a redevelopment project, under such terms as are satisfactory to the agency; provided that no contract may obligate the agency to refund any portion of the sums so paid except such portion as may remain unexpended after the acquisition or clearing, or both. The contract may include an agreement to sell or lease property subject to sale or lease covered by the redevelopment project to the redevelopment corporation after acquisition and clearing of the land in the project. [L 1949, c 379, §16; am L 1951, c 244, §7; RL 1955, §143-32; am L 1959, c 44, §4; HRS §53-33]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-34 Regulation of redevelopment corporations.

§53-34 Regulation of redevelopment corporations.
The redevelopment agency shall examine each redevelopment corporation and keep informed as to its general condition, its capitalization, and the manner in which its property is constructed, leased, operated, or managed with respect to its compliance with all provisions of law and orders of the agency.
The agency may:
(1) Either itself or through its inspectors or employees, duly authorized by it, enter in or upon and inspect the property, equipment, buildings, plants, offices, apparatus, and devices of any redevelopment corporation; examine all books, contracts, records, documents, and papers of any redevelopment corporation and by subpoena duces tecum compel the production thereof. At the request of the agency the state commissioner of financial institutions shall assist in examination of the books, contracts, records, documents, and papers and report thereon to the agency;
(2) In its discretion, prescribe uniform methods and forms of keeping accounts, records, and books to be observed by redevelopment corporations, and after a hearing prescribe by order accounts in which particular outlays and receipts shall be entered, charged, or credited;
(3) Require specific answers to questions upon which it may desire information and require the filing of periodic reports in the form, covering the period, and at the time prescribed by it;
(4) In the deed or contract selling or leasing property in a redevelopment project to any other person or corporation, reserve such of the powers hereinabove mentioned as are appropriate and necessary or proper to effectuate the requirements of this chapter. [L 1949, c 379, §17; am L 1951, c 244, §8; RL 1955, §143-33; am L 1959, c 44, §5; HRS §53-34; am L 1985, c 269, §55]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-35 Transfer of title or foreclosure of project.

§53-35 Transfer of title or foreclosure of project.
Until the expiration of thirty-five years from the date of acquisition of property of or in a redevelopment project by a redevelopment corporation, it shall not have power to sell the property or any interest therein without the consent of the redevelopment agency. Upon acquisition of the project by any person, firm, or corporation other than another redevelopment corporation, by lease or sale, or upon the initiation of foreclosure proceedings any tax exemption or partial tax exemption granted to the project shall immediately terminate. [L 1949, c 379, §18; RL 1955, §143-34; HRS §53-35]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-37 Participation by certain corporations.

§53-37 Participation by certain corporations.
One or more insurance companies may organize, or cause to be organized, a redevelopment corporation formed pursuant to the provisions of this part, and purchase for cash or receive and hold in exchange for property, and own and control, the stock or the income debenture certificates or both of any redevelopment corporation and may also invest, singly or jointly, in a bond and first mortgage or in an issue of bonds secured by mortgage or trust indenture constituting a first lien upon any project as provided in this part. An insurance company, however, which owns stock or income debenture certificates of a redevelopment corporation and also owns bonds or a bond and mortgage or an interest in a bond and mortgage of the same redevelopment corporation shall not, without the consent of the agency, sell all or any part of the bonds or the bond and mortgage or of its interest in the bond or mortgage unless it shall simultaneously sell the stock and the income debenture certificates owned by it.
Notwithstanding any other provisions of law, an insurance company owning all or a part of the stock of a redevelopment corporation may enter into contracts contemplated by this part and agree by contract with the redevelopment agency not to sell, assign, or otherwise transfer the stock, income debentures, or mortgage bonds of the redevelopment corporation during the period of tax exemption provided for by the contract pursuant to this part without the consent of the agency. The insurance company may make such capital contributions to the redevelopment corporation, in cash or by cancellation of securities or otherwise, as may be necessary to enable the redevelopment corporation to comply with all conditions precedent to its dissolution and conveyance of its property in accordance with subsection (a) of section 53-36, and upon dissolution of the redevelopment corporation, acquire the project and own and operate the same as a permanent investment for such period as it or they may deem desirable either directly or through acquisition and ownership of the capital stock of any corporation which may acquire title to the project pursuant to subsection (a) of section 53-36.
Except as specifically provided herein this part shall not be deemed to limit or restrict any power or authority granted to insurance companies or to any other corporation or to any fiduciary by any other provision of law. [L 1949, c 379, §20; RL 1955, §143-36; HRS §53-37]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-38 Tax exemption.

§53-38 Tax exemption.
Where and so long as the major portion of a redevelopment project of a redevelopment corporation is composed of residential units and the rents for the residential units are reasonable as compared with prevailing rental levels for comparable accommodations, the land and improvements in the project shall be exempted (1) for ten years from the date of acquisition of such project by the redevelopment corporation, from real property taxes, other than assessments for local improvements in excess of the total real property taxes paid upon the land and improvements for the year prior to the commencement of proceedings by the agency for the acquisition of the lands and improvements; and (2) for the next succeeding fifteen-year period following such ten-year period, from real property taxes on fifty per cent of the assessed valuation of the property and improvements; provided that:
(A) Where the cost of acquisition of the land and improvements in the redevelopment project by the redevelopment corporation is at least ninety per cent of the cost of acquisition, clearing and improvement of the land and improvements by the redevelopment agency, the tax exemption granted under clause (1) of this section shall be for fifteen years from the date of acquisition of the project by the redevelopment corporation, with no further exemption thereafter, except that, if the net earnings from the project for the last five of the fifteen-year period, above expenses, taxes, assessments, and depreciation or amortization (as provided in section 53-27), available for payment of interest and dividends, shall be less than three per cent of the total actual final cost of the project (as defined by [paragraph] (2) of section 53-32), then the tax exemption granted under this proviso (A) shall be extended for an additional ten years; and
(B) No such tax exemption shall be allowed for any land and improvements which are used for commercial, industrial, or any other nonresidential purposes. [L 1949, c 379, §21; am L 1951, c 244, §9; am L 1955, c 271, §1(m); RL 1955, §143-37; am L 1959, c 44, §6; HRS §53-38]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-39 No limitation of provisions by implication.

§53-39 No limitation of provisions by implication.
No provision in this part applicable specially or only to a redevelopment corporation shall be construed to limit by implication the applicability of this part or any other provision thereof to any other person or corporation. [L 1949, c 379, §23; RL 1955, §143-38; HRS §53-39]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-51 Urban renewal projects.

§53-51 Urban renewal projects.
In addition to its authority under any other section of this chapter, a redevelopment agency may plan and undertake urban renewal projects within urban areas. As used in this chapter, an urban renewal project may include undertakings and activities for the elimination (and for the prevention of the development or spread) of slums, or other blighted, or deteriorated, or deteriorating areas and may involve any work or undertaking for the purpose constituting a redevelopment project or any rehabilitation or conservation work or a program of code enforcement, or any combination of such undertaking or work. For this purpose, "rehabilitation or conservation work" may include (1) carrying out plans for a program of voluntary or compulsory repair and rehabilitation of buildings or other improvements; (2) acquisition of real property and demolition, removal, or rehabilitation of buildings and improvements thereon where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, reduce traffic hazards, eliminate obsolete or other uses detrimental to the public welfare, or to otherwise remove or prevent the spread of blight or deterioration, or to provide land for needed public facilities; (3) installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of the urban renewal project; and (4) the disposition, for uses in accordance with the objectives of the urban renewal project of any property or part thereof acquired in the area of the project; provided that the disposition shall be in the manner prescribed in this chapter for the disposition of property in a redevelopment project area under part I. [L 1955, c 271, pt of §1; RL 1955, §143-51; am L 1965, c 101, §1(m); HRS §53-51]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-52 Urban renewal plan.

§53-52 Urban renewal plan.
Any urban renewal project undertaken pursuant to section 53-51 shall be undertaken in accordance with an urban renewal plan for the area of the project. As used in this chapter, an "urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan (1) shall conform to the master plan for the county as a whole; or if there is no master plan for the county as a whole, then to the master plan for the urban area as a whole of which the urban renewal project area constitutes a part; and (2) shall be sufficiently complete to indicate such land acquisition, demolition, and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the area of the urban renewal project, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses; improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. An urban renewal plan shall be prepared and approved pursuant to the same procedure as provided in this chapter with respect to a redevelopment plan, except as specifically provided in this part. [L 1955, c 271, pt of §1; RL 1955, §143-52; HRS §53-52]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-53 Powers with respect to urban renewal.

§53-53 Powers with respect to urban renewal.
A redevelopment agency shall have all the powers necessary or convenient to undertake and carry out all urban renewal plans and urban renewal projects, including the authority to acquire and dispose of property, to issue bonds and other obligations, to borrow and accept grants from the federal government or any other source, and to exercise the other powers which this chapter confers on an agency with respect to redevelopment projects. For the purposes of this part in connection with the planning and undertaking of any urban renewal plan or urban renewal project, the agency, the county, and all public and private officers, agencies, and bodies shall have all the rights, powers, privileges, and immunities which they have with respect to a redevelopment plan or redevelopment project, in the same manner as though all of the provisions of part I of this chapter applicable to a redevelopment plan or redevelopment project were therein expressly made applicable to an urban renewal plan or urban renewal project; and for such purposes as used in part I and in this part elsewhere than in this section, except where the context clearly indicates such meaning to be inappropriate or as otherwise expressly provided in this section:
(1) The word "redevelopment" (elsewhere than in section 53-1) means "urban renewal";
(2) The word "slum" and the word "blighted" (elsewhere than in section 53-1) mean "blighted, deteriorated, or deteriorating";
provided (A) that nothing in this part shall be deemed to change the meaning of the terms "local redevelopment agency" or "agency," or the corporate name of any local redevelopment agency; and (B) that the finding by the council that the project area is a blighted area prescribed by section 53-6 shall not be required.
In addition to the surveys and plans which an agency otherwise may make, an agency may make (1) plans for carrying out a program of voluntary repair and rehabilitation of buildings and improvements, and (2) plans for the enforcement of laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements, and to the compulsory repair, rehabilitation, demolition, or removal of buildings and improvements. The agency may develop, test, and report methods and techniques, and carry out demonstrations and other activities, for the prevention and the elimination of slums and other urban blight. [L 1955, c 271, pt of §1; RL 1955, §143-53; HRS §53-53; am L 1999, c 18, §2]
Cross References
For definition of "agency, the county" in first paragraph, see §53-83(17).
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-54 Assistance to urban renewal by counties and other public bodies.

§53-54 Assistance to urban renewal by counties and other public bodies.
Any county or other public body may (without limiting any provision in section 53-53) do any and all things necessary to aid and cooperate in the planning and undertaking of an urban renewal project in the area in which the county or public body is authorized to act, including the furnishing of such financial and other assistance as the county or public body is authorized by this chapter to furnish for or in connection with a redevelopment plan or redevelopment project. A redevelopment agency may delegate to a county or other public body any of the powers or functions of the agency with respect to the planning or undertaking of an urban renewal project in the area in which the county or public body is authorized to act, and the county or public body may carry out or perform such powers or functions for the agency. Any public body may enter into agreements (which may extend over any period, notwithstanding any provision or rule of law to the contrary) with any other public body or bodies respecting action to be taken pursuant to any of the powers granted by this part, including the furnishing of funds or other assistance in connection with an urban renewal plan or urban renewal project. [L 1955, c 271, pt of §1; RL 1955, §143-54; HRS §53-54]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-55 Urban redevelopment coordinator, office created.

§53-55 Urban redevelopment coordinator, office created.
In any county which shall, by resolution adopted in the manner required by law for an ordinance, announce its intention to devise and adopt a "workable program" for urban renewal, pursuant to this chapter, the county may by ordinance create the office of urban renewal coordinator. [L 1955, c 271, pt of §1; RL 1955, §143-55; HRS §53-55]
2023 Hawaii Revised Statutes › Title 6. County Organization and Administration › 53. Urban Renewal Law › 53-56 Workable program, definition.

§53-56 Workable program, definition.
"Workable program" means a program (including an official plan of action, as it exists from time to time for effectively dealing with the problem of urban slums and other blighted, deteriorated, or deteriorating areas within the community and for the establishment and preservation of a well-planned community with well-organized residential neighborhoods of decent homes and suitable living environment for adequate family life) for utilizing appropriate private and public resources to eliminate, and prevent the development or spread of, slums and other urban blight and deterioration, to encourage needed urban rehabilitation, to provide for the redevelopment of slum or other blighted, or deteriorated, or deteriorating areas or to undertake such of these activities or other feasible activities as may be suitably employed to achieve the objectives of the program. [L 1955, c 271, pt of §1; RL 1955, §143-56; HRS §53-56]