Hawaii Revised Statutes 171-38 – Condemnation of leases
The lease shall provide that whenever a portion of the public land under lease is condemned for public purposes by the State, or any county or city and county, or any other governmental agency or subdivision, the rental shall be reduced in proportion to the value of the portion of the premises condemned, and the lessee shall be entitled to receive from the condemning authority the:
Terms Used In Hawaii Revised Statutes 171-38
- Board: means the board of land and natural resources. See Hawaii Revised Statutes 171-1
- county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
- Land: includes all interests therein and natural resources including water, minerals, and all such things connected with land, unless otherwise expressly provided. See Hawaii Revised Statutes 171-1
- Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
- Lease: means the right to possess and use land for a term of years. See Hawaii Revised Statutes 171-1
- Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
The lessee, in the alternative, may remove and relocate the lessee’s improvements to the remainder of the lands occupied by the lessee. The foregoing rights of the lessee shall not be exclusive of any other to which the lessee may be entitled by law, including those rights established in section 171-37.5. Where the portion taken renders the remainder unsuitable for the uses for which the land was leased, the lessee shall have the option to surrender the lessee’s lease and be discharged for any further liability therefor; provided that the lessee may remove the lessee’s permanent improvements within a reasonable period allowed by the board.