2011 Hawaii Code
111. Assistance to Displaced Persons
§111-2 Definitions.

HI Rev Stat § 111-2 (2011 through Reg Sess) What's This?

§111-2 Definitions. As used in this chapter, the term:

"Business" means any lawful activity conducted (1) primarily for the purchase and resale, manufacture, processing or marketing of products, commodities, or any other personal property; (2) primarily for the sale of services to the public; or (3) by a nonprofit organization.

"Code" means the housing, building, and zoning codes of the counties.

"Displaced person" means any person who is lawfully residing on or lawfully occupying real property and is required to move from any real property on or after June 25, 1970, as a result of the acquisition or imminence of acquisition of such real property, in whole or in part, by a state agency or who moves from such real property as a result of the acquisition or imminence of acquisition by such state agency of other real property on which such person is lawfully conducting a business or farm operation. "Displaced person" also includes the foregoing movements from real property by any person lawfully residing on or lawfully occupying real property who is required to move from any real property as a result of code enforcement activities. "Displaced person" as defined in this chapter shall not include a tenant upon or occupier of state land under a revocable permit which is issued or renewed on or after June 7, 1974, provided that those persons who are issued revocable permits on state land which they had previously occupied as lawful tenants or lawful occupiers of private land which is subsequently acquired by the State, by virtue of which acquisition the revocable permits are issued immediately upon acquisition, shall be entitled to assistance as displaced persons upon displacement at the termination of the revocable permits. "Displaced persons" as defined in this chapter shall also not include a squatter or trespasser upon state land or any person unlawfully residing on or unlawfully occupying any real property.

"Family" means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship.

"Farm operation" means any lawful activity conducted solely or primarily for the production of one or more agricultural products or commodities for sale and home use, and customarily producing such products or commodities in sufficient quantity to be capable of contributing materially to the operator's support.

"Person" means (1) any individual, partnership, or corporation or association which is the owner of a business; (2) any owner, part-owner, tenant, or sharecropper operating a farm; (3) the head of a family; (4) an individual not a member of a family; (5) a nonprofit organization exempted from taxation under section 235-9.

"State agency" means an agency or instrumentality created by the State and includes, for purposes of this chapter, county governmental agencies. [L 1970, c 166, §2; am L 1974, c 181, §1; am L 1979, c 54, §2; am L 1987, c 10, §§2, 3 and c 162, §§2, 3]

Case Notes

City building department and the city department of housing and community development are state agencies. 61 H. 144, 598 P.2d 161.

Tenants forced to vacate when city building department ordered landlord to demolish building deemed to be in substandard condition were persons displaced "as a result of a governmental program of...code enforcement activities". 61 H. 144, 598 P.2d 161.

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