2011 Hawaii Code
DIVISION 1. GOVERNMENT
TITLE 12. CONSERVATION AND RESOURCES
171. Public Lands, Management and Disposition of
§171-38 Condemnation of leases.

§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 (1) the value of growing crops, if any, which the lessee is not permitted to harvest and (2) the proportionate value of the lessee's permanent improvements so taken in the proportion that it bears to the unexpired term of the lease; provided that the lessee may, in the alternative, 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. Where the portion so 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 such reasonable period allowed by the board of land and natural resources. [L 1962, c 32, pt of §2; Supp, §103A-38; HRS §171-38; gen ch 1985]