Haw. Rev. Stat. § 206-37

Current through Chapter 253 of the 2024 Legislative Session

Section 206-37 - Conveyance, lease, or agreement in aid of development projects, purchase of bonds

For the purpose of aiding and cooperating in the planning, construction, and operation of development projects located within their respective territorial boundaries, the political subdivisions of the State or other departments and agencies of the State may, upon such terms, with or without consideration, as it may determine:

(1) Dedicate, grant, sell, convey, lease any of its property, or grant easements, licenses, or any other rights or privileges therein to the board of land and natural resources or to the United States or any agency thereof;

(2) To the extent that it is within the scope of each of their respective functions:

(A) Cause the services customarily provided by each of them to be rendered for the benefit of development projects and the occupants thereof;

(B) Provide and maintain parks and sewage, water, lights, and other facilities adjacent to or in connection with the projects;

(C) Open, close, pave, install, or change the grade of streets, roads, roadways, alleys, sidewalks, or other facilities; and

(D) Change the map of a political subdivision or plan, replan, zone, or rezone any part of a political subdivision;

(3) Enter into agreements with the board with respect to the exercise of their powers relating to the preparation of designated development areas for such projects;

(4) Employ (notwithstanding the provisions of any other laws as to what constitutes legal investments) any available funds belonging to them or within their control, including funds derived from the sale or furnishing of property or facilities to the board, in the purchase of the bonds or other obligations of the board to the extent provided by section 206-33, and exercise all the rights of any holder of such bonds or other obligations;

(5) Do any and all things necessary or convenient to aid and cooperate in the planning, undertaking, and construction of the development projects; [and]

(6) Enter into contracts with the board or the United States for any period, agreeing to exercise any of the powers conferred hereby or to take any other action in aid of the development projects.

In connection with the exercise of this power, any political subdivision may incur the entire expense of any public improvements located within its territorial boundaries without assessment against abutting property owners.

For the purpose of aiding and cooperating in the planning, construction, and operation of development projects, the board, in its powers of management of the public lands, may use public lands for the purposes of this chapter, and the Hawaiian homes commission and any other officers of the State having power to manage or dispose of its public lands, may, with the approval of the governor and with or without consideration, grant, sell, convey, or lease for any period, any parts of such public lands (without limit as to area) to the board for the purposes of this chapter or to the United States or any agency thereof.

Any law or statute to the contrary notwithstanding, any gift, grant, sale, conveyance, lease, or agreement provided for in this section may be made by any other department or agency of the State or political subdivisions of the State, without appraisal, public notice, advertisement, or public bidding.

If at any time title to, or possession of, any development project is held by any public body or governmental agency authorized by law to engage in development projects or administration of development projects, including any agency or instrumentality of the United States, the provisions of any agreement made under this chapter relating to such project shall inure to the benefit of, and may be enforced by, such public body or governmental agency.

Insofar as the provisions of this section are inconsistent with the provisions of any other law, the provisions of this section shall be controlling.

HRS § 206-37

L 1961, c 6, §35; Supp, § 98J-35; HRS § 206-37