§171-30 Acquisition of real property; general.

659 words·~3 min read·/hi/chapter-171/171-30

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)Except as provided in section 26-19(f), the board shall have the exclusive responsibility, except as provided herein, of acquiring, including by way of dedications:

(1)All real property or any interest therein and the improvements thereon, if any, required by the State for public purposes, including real property together with improvements, if any, in excess of that needed for the public use in cases where small remnants would otherwise be left or where other justifiable cause necessitates the acquisition to protect and preserve the contemplated improvements, or public policy demands the acquisition in connection with the improvements; and

(2)Encumbrances, in the form of leases, licenses, or otherwise on public lands, needed by any state department or agency for public purposes or for the disposition for houselots or for economic development.

The board shall upon the request of and with the funds from the state department or agency effectuate all acquisitions as provided under this section.

The acceptance by the territorial legislature or the legislature of a dedication of land in the Kakaako community development district by a private owner is sufficient to convey title to the State.

(b)Except as provided in subsection (c), the department of accounting and general services shall be responsible for the acquisition of any office space in a nonstate owned building for use by a state department or agency.

(c)A state department or agency may directly acquire such real property for its purposes whenever the acquisition by the department or agency is required to conform to mandatory requirements of the United States in the case where federal funds are furnished to the department or agency.

(d)Property which may be acquired under this section includes all real property together with all structures and improvements thereon, franchises or appurtenances thereunto belonging, water, water rights, easements, and interests in land of every nature.

(e)The appraisal of private property to be acquired by the State may be performed by not more than three disinterested appraisers whose services shall be contracted for by the State, and no land shall be purchased for a sum greater than the highest value fixed by the appraiser or appraisals; provided that the State, after review of the appraisals by the appraiser or appraisers or the attorney general, may purchase the property at a value greater than the highest value if the higher value is determined by the appraiser or appraisers or the attorney general to be justified and within the range of market value; provided further that this limitation shall not apply where acquisition is by condemnation. After the private property has been acquired or the State abandons the acquisition, these appraisal reports shall be available for inspection and copying by the public. [L 1962, c 32, pt of §2; am L 1965, c 239, §15; Supp, §103A-30; HRS §171-30; am L 1989, c 49, §1; am L 1993, c 132, §2; am L 2016, c 232, §1; am L 2024, c 109, §3]

Attorney General Opinions

The State already holds an inchoate right to land that may pass to it by erosion or sea level rise. Ripening of that inchoate right is not "acquiring" or "acquisition" of real property under this section, §26-7, or §107-10. Accordingly, the attorney general does not have to review the ownership change and does not have to review or approve "documents relating to" the ownership. Att. Gen. Op. 17-1.

Case Notes

Compromise agreement resolving legal disputes between board and private party is not binding without approval of attorney general. 57 H. 259, 554 P.2d 761 (1976).

Circuit court correctly determined that the State obtained an easement over and across seawall pursuant to the common law doctrine of implied dedication because this section and §§26-7, 107-10, 264-1(c)(1), and 520-7 do not "imperatively require" abrogation of common law implied dedication, nor do they evince an express legislative intent to do so. 140 H. 437, 403 P.3d 214 (2017).