Haw. Code R. § 4-158-36

Current through November, 2024

Section 4-158-36 - 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, county, or any other governmental agency, the lease 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 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 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 department.

Haw. Code R. § 4-158-36

[Eff DEC 06 2007] (Auth: HRS § 166E-6; § 166E-8) (Imp: HRS §§ 166E-6, 171-38; § 166E-8)