Haw. Code R. § 15-305-16

Current through November, 2024
Section 15-305-16 - Negotiation
(a) After the public hearing, and if there is a finding that the designation will effectuate the public purpose of chapter 516, the corporation shall request the lessor and lessees, or their designated agents, to negotiate the just compensation which the lessees will pay the lessor to acquire all or part of the subject development tract under consideration.
(b) Negotiations shall end sixty calendar days from the date the corporation requests negotiations to begin. If no agreement is reached within the sixty day period, the executive director may:
(1) Extend the negotiation period by not more than sixty additional calendar days with the concurrence of the lessees and lessor;
(2) Call a final negotiation meeting in which there shall be a simultaneous exchange of final offers together with any appraisals, other documents, and any expert opinions on which their negotiating positions were based. Violation or noncompliance with this paragraph shall be cause to institute provisions as prescribed by section 15-305-4 2; or both.
(c) If after the final negotiation meeting described in subsection (b)(2) or at the end of the negotiation period, no agreement is reached, the parties shall submit to the executive director copies of final offers and related documents. The executive director may use the information in determining, prior to commencing condemnation proceedings, the qualification amounts for each of the lots.

Haw. Code R. § 15-305-16

[Eff JUN 15 2007] (Auth: HRS § 516-7) (Imp: HRS §§ 516-5, 516-6, 516-51, 516-68)