United States — Hawaii
HRS § 101-42 - Rights-of-way
1 provisions
These corporations may condemn rights-of-way for water-system infrastructure, but not in more than one county.
Act or statute Open & Chat
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United States — Hawaii
HRS § 101-43 - Requirements prior to exercise of power
1 provisions
A corporation with eminent domain power may keep exercising it only after notifying the public utilities commission and after the commission finds the condemnation is in the public interest, necessary, and for public utility operations.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-44 - Right-of-way lapses when Property
1 provisions
A corporation’s right-of-way lapses and reverts to the previous owner if it is unused for one year after acquisition or if water is used for unauthorized purposes.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-5 - Fee simple or lesser estate may be acquired
1 provisions
In taking private property for a public use, a fee simple estate or any lesser estate may be acquired.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-51 - Definitions
1 provisions
This provision defines “public property” and excludes public lands defined by section 171-2.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-52 - Proceedings authorized
1 provisions
Authorized officers and authorized counties may file a special proceeding to acquire needed public property, circuit courts may hear it without a jury, and the condemning authority must pay compensation or damages.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-53 - Property already appropriated to a public purpose
1 provisions
A petitioner seeking public property already set aside for a public purpose must show the new use is more necessary than the existing one.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-54 - Part I provisions adopted; consolidation of proceedings
1 provisions
Part I applies to proceedings under this part, unless inconsistent with this part’s express provisions. A party may move to consolidate a special proceeding with a part I proceeding for the same public use.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-6 - What property may be taken
1 provisions
This provision says what kinds of property may be taken under this part, including land, buildings, improvements, related rights, water, and easements.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-7 - Superior public use
1 provisions
The State or a county may take property already devoted to public use under part III conditions, and other eminent-domain holders may take certain easements if the prior public use is not substantially impaired.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-71 - Taking private personal property for public use
1 provisions
The State or a county may take certain private personal property for public use, but just compensation must be paid and specific complaint-and-summons procedures apply.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-72 - Negotiated purchase of private personal property under threat of condemnation
1 provisions
Private personal property sought for eminent domain may be bought through negotiated purchase instead of competitive bidding rules.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-8 - Entering and surveying land
1 provisions
An agent or servant of a plaintiff may enter land to locate or survey condemned land and make examinations and surveys.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-9 - Actions; priority
1 provisions
Courts must prioritize eminent domain actions over other civil actions for hearing, trial, and decision.
Act or statute Open & ChatUnited States — Hawaii
HRS § 102-1 - Definition
1 provisions
This provision defines “concession” as a grant allowing a person to run certain public-facing business activities, use state parking property, or use public space for advertising or communications work.
Act or statute Open & ChatUnited States — Hawaii
HRS § 102-10 - Modification of contract terms
1 provisions
An officer may modify contract terms, including rent, for a concession contract when the concessionaire’s business drops by at least 15% for 60 days or more because of nearby public construction, if required approvals are obtained.
Act or statute Open & ChatUnited States — Hawaii
HRS § 102-11 - Security for performance; conditions
1 provisions
Before a contract is signed, the other contracting party must provide security for performance.
Act or statute Open & ChatUnited States — Hawaii
HRS § 102-12 - Surety on bond; justification
1 provisions
A surety company may be accepted on a bond if the officer thinks all parties’ rights will be protected; other sureties face limits and must provide justified security unless the contracting officer waives it.
Act or statute Open & ChatUnited States — Hawaii
HRS § 102-13 - Amendment of contracts, when authorized
1 provisions
The parties may amend a concession-related contract, lease, license, or permit on governmental property to allow a related use with higher rent, if the user shows financial hardship and the change is needed to keep operating under the original permitted use.
Act or statute Open & ChatUnited States — Hawaii
HRS § 102-14 - Use of public buildings by blind or visually handicapped persons
1 provisions
Blind or visually handicapped persons with the required registration and permit may operate vending facilities in state or county public buildings, while the department of human services must make rules and permits, and other persons are restricted from competing sales or unauthorized vending machines.
Act or statute Open & Chat