Title 13, Planning And Economic Development

§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…

PART I. GENERAL PROVISIONS §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 a…

[§206E-10] Condemnation of real property. The authority upon making a finding that it is necessary to acquire any real property for its immediate or future use for the purposes of this chapter, may acquire the property by condemnation pursuant to chapter 101, including property a…

§206E-10.5 Relocation. (a) Any provision of law to the contrary notwithstanding, the authority shall adopt rules pursuant to chapter 91 to insure the appropriate relocation within or outside the district of persons, families, and businesses displaced by governmental action within…

PART III. RESERVED HOUSING LOAN PROGRAMS §206E-101 Definitions. The following words or terms as used in this part shall have the following meanings, unless a different meaning clearly appears from the context: "Authority" means the Hawaii community development authority. "Eligibl…

§206E-102 Rules; eligible loans. (a) The authority shall establish requirements for reserved housing units financed by an eligible loan, and may consider, but not be limited to the location, age, condition, and other characteristics of the reserved housing units. (b) The authorit…

§206E-103 Revenue bonds; authorization. (a) The authority, with the approval of the governor, may issue from time to time revenue bonds in amounts not exceeding the total amount of bonds authorized by the legislature for the purpose of undertaking and maintaining any of the reser…

§206E-104 Revenue bonds; payment and security. (a) The revenue bonds shall be payable from and secured by the revenues derived from the benefits of the reserved housing loan programs for which the revenue bonds are issued, including: (b) The authority may pledge any revenue deriv…

§206E-105 Revenue bonds; interest rate, price, and sale. (a) The revenue bonds shall bear interest at a rate or rates payable monthly, quarterly, or semi-annually. (b) The authority shall include the costs of undertaking and maintaining the reserved housing loan programs for whic…

§206E-106 Revenue bonds; investment of proceeds, and redemption. Subject to any agreement with the holders of its revenue bonds, the authority may:

§206E-107 Trustee; designation, duties. (a) The authority shall designate a trustee for each issue of revenue bonds secured under the same trust indenture; provided that the trustee shall be approved by the director of finance. (b) The trustee shall be authorized by the authority…

§206E-108 Trust indenture. (a) A trust indenture may contain covenants and provisions authorized by part III of chapter 39, and as deemed necessary or convenient by the authority for the purposes of this part. (b) A trust indenture may allow the authority to pledge and assign to …

§206E-11 Construction contracts. The authority shall award construction contracts in conformity with the applicable provisions of chapter 103D. [L 1976, c 153, pt of §1; am L Sp 1993, c 8, §54]

§206E-110 Reserved housing loan programs; procedures and requirements. (a) The authority shall establish procedures for: (b) The authority shall establish standards and requirements for: (c) The standards and requirements for the allocation of funds to mortgage lenders adopted by…

§206E-111 Reserved housing loan programs; general powers. (a) The authority may make, enter into, and enforce all contracts or agreements which are necessary, convenient, or desirable for the purpose of the performance of its duties in executing the reserved housing loan programs…

§206E-112 Reserved housing loan programs; self supporting. The interest rate, fees, charges, premiums, and other terms of the loans made under the reserved housing loan programs shall be at least sufficient to pay the cost of administering and maintaining the portion of the speci…

§206E-113 Reserved housing loan programs; fees. The authority may establish, revise, charge, and collect fees, premiums, and charges as necessary, reasonable, or convenient, for its reserved housing loan programs. The fees, premiums, and charges shall be deposited into the reserv…

§206E-114 Reserved housing loan programs; evidence of eligible loan or eligible project loan. (a) Each mortgage lender who participates in any reserved housing loan program shall submit evidence, as deemed satisfactory by the authority, that eligible loans or eligible project loa…