(a) The director may compensate any person, family, business, or nonprofit organization for actual and reasonable moving expenses incurred as a result of being displaced by any land acquisition program of the State for any airport purpose.
Terms Used In Hawaii Revised Statutes 261-32
Airport: means any area of land or water which is used, or intended for use, for the landing and takeoff of aircraft, and any appurtenant areas which are used, or intended for use, for airport buildings or other airport facilities or rights-of-way, including approaches, together with all airport buildings and facilities located thereon. See Hawaii Revised Statutes 261-1
Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic; and includes any trustee, receiver, assignee, or other similar representative thereof. See Hawaii Revised Statutes 261-1
(b) Any displaced person who moves from a dwelling who elects to accept the payments authorized by this subsection in lieu of the payments authorized by subsection (a) may receive:
(1) A moving expense allowance, determined according to a schedule established by the director not to exceed $200;(2) A dislocation allowance in the amount of $100.(c) Any displaced person who moves or discontinues the person’s business or farm operations and elects to accept the payment authorized by this subsection in lieu of the payment authorized by subsection (a) may receive a fixed relocation payment in an amount equal to the average annual net earnings of the business or farm operation, or $5,000, whichever is less. In the case of a business, no payment shall be made under this subsection unless the director is satisfied that the business:
(1) Cannot be relocated without a substantial loss of its existing patronage; and(2) Is not part of a commercial enterprise having at least one other establishment that is:
(A) Not being acquired by the State; and(B) Engaged in the same or similar business.(d) In addition to any payments authorized in subsection (a) and (c), the director may provide relocation assistance to any displaced person who moves a business as a result of any land acquisition program of the State for any airport use.(e) The director may enter into leases, licenses, and other arrangements with any displaced person granting the use or occupancy of any lands or property under the department‘s jurisdiction. The director may allow any lessee of a site acquired by the department to remain on the site, and may enter into a new lease with such person granting the use of the site; provided that the term of the new lease shall not exceed the time remaining on the lease terminated by the acquisition. Any lease issued pursuant to this section shall be issued through negotiation, under mutually agreeable terms, conditions, and lease rent, without regard to the limitations set forth in chapter 171.(f) The director shall include the costs specified in this section as a part of the cost of construction of the airport for which the land acquisition program is initiated.
