reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-6 Acquisition of land within a development area.

§206-6 Acquisition of land within a development area.
(a) After the declaration of a development area, the board of land and natural resources may acquire a parcel or parcels of land, which it shall thereafter designate for the appropriate development project or projects within the area. If necessary lands cannot reasonably be acquired by voluntary transaction, the board may institute eminent domain proceedings to acquire the land and improvements; provided that negotiations for the acquisition by voluntary transaction shall not be required before the institution of eminent domain proceedings. The board, within twelve months following its designation, shall acquire or institute eminent domain proceedings to acquire the lands so designated. If the lands are not acquired or eminent domain proceedings are not instituted within the twelve month period, the board shall reimburse the owner of the lands so designated for out-of-pocket expenses of appraisal, survey, and attorney's fees that the owner may have incurred as a result of the designation.
(b) Subject to the restrictions in section 206-7, the board may acquire for development projects any lands suitable for residential use or suitable for such use or uses upon subdivision and development. The board may also acquire, in connection with the development projects, lands necessary for roads, sidewalks, parks, schools, utilities, and playground and recreational facilities; rights to water and access; and lands for business use where the use is reasonably necessary to provide services to the prospective occupants of the projects. Plans and specifications for projects shall include provisions for roads, sidewalks, parks, schools, utilities, playground and recreational facilities, and other appropriate improvements, so that they will be suitable for disposition as hereinafter provided. [L 1961, c 6, §7; Supp, §98J-7; HRS §206-6; am L 2017, c 12, §18]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-7 Property that shall not be acquired for development projects.

§206-7 Property that shall not be acquired for development projects.
(a) In declaring development areas, and acquiring land therein, the board of land and natural resources shall avoid disturbing existing uses that are in accord with the highest use permitted under any existing zoning ordinance in the political subdivision concerned.
(b) The board shall not acquire for development projects:
(1) Lands already developed and improved as business or industrial areas where use of the lands for residential purposes or as a part of a development project would be economically unsound or where an undue hardship would be suffered by the community through loss of service because of the acquisition;
(2) Lands already in use for residential purposes by the owner thereof or by a lessee holding a lease with an original term of twenty years or more, except where the acquisition of parts of the lands is reasonably necessary for the proper development of a project, but in no case shall any part of the lands be taken where the taking will reduce the parcel to less than three acres in extent;
(3) Lands in the process of subdivision and development where the owner or the owner's agent has provided that at least fifty per cent of the lots to be sold shall be sold in fee simple, prepared subdivision and construction plans, arranged for financing, and applied to government agencies and otherwise taken steps that may be appropriate for the construction of the proposed development in good faith and filed an affidavit with the board to that effect; or
(4) Lands used or to be used as sites for churches, private or parochial schools, clubs, meeting houses, or other private uses of a community, civic, social, or religious nature;
provided that portions of the lands mentioned under paragraphs (1), (2), (3), and (4), or interests therein, may be taken to provide access and utility easements where no other reasonable means of access or utility easements are available.
(c) In acquiring agricultural land for a development project, where the land though used for agricultural purposes is not being used in accord with the highest use permitted under any existing zoning ordinance, the board shall exercise all reasonable care not to jeopardize the agricultural enterprise concerned. If, however, the board finds that the land is necessary for a development project, the board may provide assistance, monetary or otherwise, in relocating the enterprise elsewhere or pay damages to the owner or operator of the enterprise that will reasonably compensate the owner or operator for the owner's or operator's loss, if the owner or operator has not already been so compensated under a lease agreement, or both. [L 1961, c 6, §8; am L 1965, c 157, §2; Supp, §98J-8; HRS §206-7; gen ch 1985; am L 2017, c 12, §19]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-8 Development of lands acquired.

§206-8 Development of lands acquired.
[(a)] Where lands are acquired by the board of land and natural resources with its own funds, it shall subdivide and develop the lands into residence lots, or dwellings and lots in a manner best designed to carry out the purposes of this chapter.
[(b)] The board may contract with any private developer to provide for the financing of the acquisition of lands, the subdivision and development of acquired lands, and the disposition of residence lots, or the construction of dwellings on the lots and the disposition of both. The contracts may be entered into after published advertisement for sealed tenders, setting forth the terms of the proposed contract, including necessary plans, specifications, and time schedules. The contract shall provide for the establishment of such sale prices of the residence lots, or dwellings and lots as will repay to the developer the amount of the actual cost or expense incurred in the acquisition and development of the land together with a reasonable developer's profit computed thereon as determined by the board. The contract shall also provide for the sale of residence lots, or dwellings and lots only to persons entitled to purchase from the board, upon the terms and conditions provided in sections 206-9 to 206-12 with respect to sales by the board. Every contract shall be made with the responsible bidder whose proposal complies with the requirements of the call for tenders and states the lowest rate of developer's profits; provided that the board may reject all tenders if it deems that the lowest rate of developer's profit is unreasonable. Publication of the call for tenders shall be made by publishing a call for tenders not less than three times in a newspaper of general circulation printed and published within the State. No more than one of these publications shall be made on any one day or on two consecutive days. The time for opening of the tenders shall be not less than thirty days after the last publication. [L 1961, c 6, §9; am L 1965, c 157, §3; Supp, §98J-9; HRS §206-8; am L Sp 1993, c 8, §18]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-11 Breach, mortgaging, effect of breach, etc.

§206-11 Breach, mortgaging, effect of breach, etc.
(a) Effect of breach of restriction. Except as otherwise provided in this chapter any sale or attempted sale, contract, or conveyance contrary to section 206-10 shall be void. Any use contrary to section 206-10 may be enjoined by the State, the board of land and natural resources or an owner or owners of the residence lots within the same development project. Except as otherwise provided in this chapter, if a sale, contract, or conveyance contrary to section 206-10 is attempted, or a use contrary to section 206-10 is not voluntarily remedied or is not or cannot be remedied by injunction, or a building is not erected in accordance with section 206-10(d), the lot affected shall be forfeited and the title revested in the State upon suit by the State establishing any of the foregoing. Upon the forfeiture, the board shall sell the lot at public auction, or at private sale, for the current market value, to a purchaser eligible to purchase from the board in the first instance, and the original purchaser shall be reimbursed insofar as possible, after deduction of costs of resale. Provided that in the event title to any lot passes to any obligee, or to any agency of the United States government, pursuant to the terms of any insurance or guarantee of mortgage loss by such agency, no forfeiture or revesting in the board shall be enforced.
(b) Mortgage of residence lots. Nothing herein shall prevent the conveyance of a residence lot by way of mortgage to any person or corporation.
(c) Nothing in this chapter shall be construed as limiting the power of the board to vest in an obligee the right, in the event of a default by the:
(1) Board or by the purchaser, to take possession of a development project or lot or cause the appointment of a receiver thereof, free from all the restrictions imposed by this chapter; or
(2) Purchaser, to acquire title to a lot or the property mortgaged by the purchaser free from all the restrictions imposed by this chapter. [L 1961, c 6, pt of §10; Supp, pt of §98J-10; HRS §206-11; am L 2017, c 12, §21]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-12 Requirement to develop.

§206-12 Requirement to develop.
Any land acquired by the board of land and natural resources, which is not subdivided and developed either by the board or a private developer, or is not in the process of subdivision and development for residential use, within two years from the date of its acquisition, shall be offered for sale by the board, free of any liens or encumbrances created by the board, to the owner or owners from whom the fee simple ownership of the same was acquired by the board, or their respective successors in interest, at the price at which the land was purchased. Land shall be considered to be in the process of subdivision and development when the board or the private developer has prepared subdivision and construction plans, arranged for financing, and applied to government agencies, and otherwise taken such steps as may be appropriate for the construction of the proposed development and is diligently prosecuting the development in good faith. [L 1961, c 6, pt of §10; Supp, pt of §98J-10; HRS §206-12]
Cross References
State loans for home buyers, see chapter 207, part I.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-13 Power to lease, pledge, or mortgage.

§206-13 Power to lease, pledge, or mortgage.
The board of land and natural resources also may lease or rent any of the dwellings or other accommodations or any of the lands, buildings, structures, or facilities embraced in any development project until such time as it is practicable to sell the same in accordance with this chapter and establish and revise the rents or charges therefor; mortgage or pledge any property, real or personal, or any interest therein to any person, firm, corporation, or government; enter upon any building or property in order to conduct investigations or to make surveys or soundings; purchase, obtain options upon, acquire by gift, grant, bequest, devise, or otherwise, any property, real or personal, or any interest therein, from any person, firm, corporation, or government; own, hold, clear, and improve property; insure or provide for the insurance of the property or operations of the board against such risks as the board may deem advisable; procure insurance or guarantees from the federal government of the payment of any debts or parts thereof secured by mortgages made or held by the board on any property included in any development project. [L 1961, c 6, §11; Supp, §98J-11; HRS §206-13]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-14 Cooperative agreements with other government agencies.

§206-14 Cooperative agreements with other government agencies.
The board of land and natural resources may obtain the aid and cooperation of governments in the planning, construction, and operation of development projects and enter into such agreements and arrangements as it deems advisable to obtain such aid and cooperation; arrange or enter into agreements with any government for the acquisition by the government of property, options, or property rights, or for the furnishing, installing, opening, or closing of streets, roads, alleys, sidewalks, or other places, or for the furnishing of property services, parks, sewage, water, and other facilities in connection with development projects, or for the changing of the map of a political subdivision, or for the planning, replanning, zoning, or rezoning of any part of the land included in a development project. [L 1961, c 6, §12; Supp, §98J-12; HRS §206-14]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-15 Hearings, witnesses, etc.

§206-15 Hearings, witnesses, etc.
The board of land and natural resources may hold hearings for the purpose of receiving evidence and, in addition, may exercise all the powers set forth in section 92-16. All these hearings shall be public. The board may require such agencies, boards, or commissions as are charged with the duty of making investigations and studies of land and land uses to investigate and study such areas as it may designate and, if investigations and studies have been made, to present findings and recommendations with regard to such areas which the board may consider as possible development areas. Any of the investigations or examinations provided for in this chapter may be conducted by the board or by a committee appointed by it, or by counsel, or by an officer or employee specially authorized by the board to conduct the investigation or examination. Any committee counsel for the board, or any person designated by it to conduct an investigation or examination may administer oaths, take affidavits, and issue subpoenas or commissions. [L 1961, c 6, §13; Supp, §98J-13; HRS §206-15]
Revision Note
Section "92-16" substituted for "92-12" pursuant to §23G-15.
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-16 Investment of reserves.

§206-16 Investment of reserves.
The board of land and natural resources may invest any funds held in reserves or sinking funds, or any funds not required for immediate disbursement, in property or securities in which savings banks may legally invest funds subject to their control. No provisions with respect to the acquisition, operation, or disposition of property by other public bodies shall be applicable to the board under this chapter unless otherwise specifically provided by law. [L 1961, c 6, §14; Supp, §98J-14; HRS §206-16]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-17 Additional powers.

§206-17 Additional powers.
The board of land and natural resources, in addition to its powers and notwithstanding anything to the contrary contained in this chapter or in any other provision of law, may:
(1) Agree to any conditions attached to federal financial assistance relating to the determination of prevailing salaries or wages or payment of not less than prevailing salaries or wages or compliance with labor standards, in the development or administration of projects, and include in any construction contract, let in connection with a project, stipulations requiring that the contractor and any subcontractors comply with requirements as to minimum salaries or wages and maximum hours of labor, and comply with any conditions which the federal government may attach to its financial aid of the projects;
(2) Procure or agree to the procurement of insurance or guarantees from a government for the payment of any debts, or parts thereof, incurred by the board, including the payment of premiums on any insurance;
(3) Purchase its bonds at a price not more than the principal amount thereof and accrued interest, and all bonds so purchased shall be canceled. [L 1961, c 6, §15; Supp, §98J-15; HRS §206-17]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-18 Security for funds deposited by board.

§206-18 Security for funds deposited by board.
The board of land and natural resources may, by resolution, provide that any moneys deposited by it shall be secured:
(1) By any securities by which funds deposited by the state director of finance may be legally secured as provided in section 38-3, or
(2) By an undertaking with such sureties as are approved by the board faithfully to keep and pay over upon the order of the board any deposits and agreed interest thereon, and all banks and trust companies may give any security for the deposits. [L 1961, c 6, §16; am L 1963, c 114, §1; Supp, §98J-16; HRS §206-18; am L 1979, c 105, §19]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-19 Eminent domain.

§206-19 Eminent domain.
The board of land and natural resources may acquire, by the exercise of the power of eminent domain, the real property or interest in real property authorized to be acquired by section 206-6, after the adoption of a resolution declaring that the acquisition of the property described in the resolution is in the public interest and necessary for a development project within a development area. The board may exercise the power of eminent domain in the same manner and procedures provided in chapter 101, and otherwise in accordance with all applicable provisions of the general laws of the State. [L 1961, c 6, §17; Supp, §98J-17; HRS §206-19]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-20 Contracts with federal government.

§206-20 Contracts with federal government.
In addition to the powers conferred upon the board of land and natural resources by other provisions of this chapter, the board may borrow money or accept grants from the federal government for or in aid of any project which the board is authorized to undertake, take over any land acquired by the federal government for the construction or operation of a development project, take over or lease or manage any development project constructed or owned by the federal government, and to these ends, enter into such contracts, mortgages, leases, or other agreements as the federal government may require, including agreements authorizing the federal government to supervise and approve the construction, maintenance, and operation of the project. It is the purpose and intent of this chapter to authorize the board to do any and all things necessary to secure the financial aid and the cooperation of the federal government in the undertaking, construction, maintenance, and operation of any project which the board is empowered to undertake. [L 1961, c 6, §18; Supp, §98J-18; HRS §206-20]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-21 Contracts.

§206-21 Contracts.
The board of land and natural resources, in addition to its other powers, may make, execute, and carry out contracts for, or in connection with, any project in the name of the State, in the manner provided in chapter 103D and section 103-53; and, with regard to such contracts, the term "officers", as used in chapter 103D, means the board or such officer as is authorized by the board to act as its contracting officer. Each contract authorized in this section shall state that it is made and executed in the name of the State. [L 1961, c 6, §19; Supp, §98J-19; HRS §206-21; am L Sp 1993, c 8, §56]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-22 Performance bond, procedure.

§206-22 Performance bond, procedure.
Whenever the board of land and natural resources makes or enters into any contract as provided in section 206-21, it shall require a performance and payment bond conditioned, executed, and delivered as provided in chapter 103D. [L 1961, c 6, §20; Supp, §98J-20; HRS §206-22; am L Sp 1993, c 8, §54]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-23 Exemption from taxation and assessments.

§206-23 Exemption from taxation and assessments.
The board of land and natural resources and its property, until resold or leased, shall be exempt from any and all taxes and assessments. Bonds, notes, debentures, and other evidences of indebtedness of the board are declared to be issued for a public purpose and to be public instrumentalities and, together with interest thereon, shall be exempt from taxes. [L 1961, c 6, §21; Supp, §98J-21; HRS §206-23]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-24 Exemption of property from execution sale.

§206-24 Exemption of property from execution sale.
All real property of the board of land and natural resources shall be exempt from mechanic's or materialmen's liens; provided that recovery for such claims may be had from any bond supplied as required by section 206-22. The real property shall also be exempt from levy and sale by virtue of an execution, and no execution or other judicial process shall issue against the same, nor shall any judgment against the board be a charge or lien upon its real property; provided that this section shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage of the board or to pursue any remedies for the enforcement of any pledge or liens given by or with the consent of the board. [L 1961, c 6, §22; Supp, §98J-22; HRS §206-24]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-25 Duty to make reports.

§206-25 Duty to make reports.
The board of land and natural resources shall, at least once a year, file with the governor and with the legislature, within ten days after the convening of a regular session, general and budget, a report of its activities for the preceding year, and shall recommend such additional legislation or other action that may be necessary, to carry out the purposes of this chapter. [L 1961, c 6, §23; Supp, §98J-23; HRS §206-25]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-26 Disclosure by private developer; public records.

§206-26 Disclosure by private developer; public records.
[(a)] A private developer or assign, as the term is used in this chapter, shall file with the board of land and natural resources an enumeration list of all persons directly or indirectly connected with the private developer or assign as a condition precedent to the private developer's or assign's acceptance as the private developer or assign by the board. A private developer or assign who fails to comply with this requirement shall automatically forfeit all rights to any profit under this chapter.
[(b)] All bids and any or all records of a private developer or assign, relating to any and all transactions with the State, shall be public records, as defined in chapter 92, and subject to such use as permitted by chapter 92. [L 1961, c 6, §24; Supp, §98J-24; HRS §206-26; gen ch 1985]
2023 Hawaii Revised Statutes › Title 13. Planning and Economic Development › 206. Oahu Land Development › 206-27 Bonds.

§206-27 Bonds.
[(a)] The board of land and natural resources may issue revenue bonds, and also refunding bonds for the purpose of paying or retiring bonds previously issued, from time to time, in such amounts as it may deem advisable for the purpose of this chapter. The board may issue such types of bonds as it may determine, including bonds on which the principal and interest are payable:
(1) Exclusively from the income and revenues of the development project financed with the proceeds of the bonds or with the proceeds together with a grant from the federal government in aid of the project; or
(2) Exclusively from the income and revenues of certain designated development projects, whether or not they were financed in whole or in part with the proceeds of such bonds. Any such bonds may be additionally secured by a pledge of any revenues of any project or projects.
[(b)] Neither the members of the board nor any person executing the bonds shall be liable personally on the bonds by reason of the issuance thereof. [L 1961, c 6, §25; Supp, §98J-25; HRS §206-27]
2023 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]
2023 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]
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]