(a) Whenever the board of land and natural resources, after due notice and public hearing, finds that an acute shortage of residential fee simple property exists in any locality on the island of Oahu and that the shortage of residential fee simple holdings cannot practicably be alleviated within the reasonably near future by means other than those provided under this chapter, the board may declare a suitable area, not less than ten contiguous acres in extent, as a development area. The development area shall be reasonably accessible to persons in the locality and shall consist of lands suitable for a development project. The time and place of the public hearing shall be given by public notice in the city and county of Honolulu on at least three different days, the last notice being not less than five days before the date of the hearing. Any finding of fact by the board, if supported by a preponderance of evidence, shall be conclusive in any suit, action, or proceeding.

Terms Used In Hawaii Revised Statutes 206-5

  • Board: means the board of land and natural resources as provided in chapter 26. See Hawaii Revised Statutes 206-1
  • county: includes the city and county of Honolulu. See Hawaii Revised Statutes 1-22
  • Development area: means an area so designated pursuant to § 206-5. See Hawaii Revised Statutes 206-1
  • Development project: means a specific unit for development within a designated area for which a program of acquisition and development is established. See Hawaii Revised Statutes 206-1
  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
  • Lands: means either undeveloped lands or land together with improvements and appurtenances and includes real property as defined in § 201H-1. See Hawaii Revised Statutes 206-1
  • Political subdivision: means a county. See Hawaii Revised Statutes 206-1
(b) All development areas shall be compatible with any general plan for the long-range development of land in the political subdivision concerned under the terms of chapter 225M and shall conform to and with all subdivision and zoning ordinances and requirements of the political subdivision.

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