Chapter 206 — Chapter 206

§206-1 Definitions. Unless a different meaning clearly appears from the context, as used in this chapter: "Board" means the board of land and natural resources as provided in chapter 26. "Bonds" means any bonds, notes, interim certificates, debentures, or other obligations. "Deve…

§206-10 Restrictions on sale and use of residential lots by purchaser. (a) For a period of five years after the date of purchase of any lot under this chapter (which date shall be deemed to be the date of the agreement of sale or deed under which the lot was originally purchased …

§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…

§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 d…

§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 practica…

§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 deem…

§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, boa…

§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…

§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:

§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:

§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 acquisitio…

§206-2 Administration of chapter. The board of land and natural resources is charged with the administration of this chapter. [L 1961, c 6, §3; Supp, §98J-3; HRS §206-2]

§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…

§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…

§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, §…

§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…

§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…

§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…

§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 develope…

§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…

§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 subdivisio…

§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 in…

§206-3 Interested members, officers or employees. No member of the board of land and natural resources or officer or employee administering this chapter shall acquire any interest, direct or indirect, in any development project or in any property included or planned to be include…

§206-30 Provisions of bonds. In connection with the issuance of bonds or the incurring of any obligation and to secure the payment of the bonds or obligations, the board of land and natural resources in addition to its other powers may:

§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 bindi…

§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 …

§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 i…

§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…

§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 (…

§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 chapte…

§206-37 Conveyance, lease, or agreement in aid of development projects, purchase of bonds. [(a)] For the purpose of aiding and cooperating in the planning, construction, and operation of development projects located within their respective territorial boundaries, the political su…

§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 …

§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 govern…

§206-4 General powers. The board of land and natural resources shall have all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this chapter, including, without limitation, the following powers in addition to others herein granted:

§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 oper…

§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 i…

§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 thro…

§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]

§206-5 Declaration of development areas. (a) Whenever the board of land and natural resources, after due notice and public hearing, finds that an acute shortage of residential fee simple property exists in any locality on the island of Oahu and that the shortage of residential fe…

§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 t…

§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 z…

§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 chap…

§206-9 Disposition of lands. (a) Generally. It shall be the policy of the board of land and natural resources to encourage insofar as possible the widespread fee simple ownership of residential lots of modest size and price. Where necessary or desirable, the board may issue resid…