Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 46
Hawaii Revised Statutes

Haw. Rev. Stat. § 46-123 (2025)

]  General authorization

✓ laws through the 2025 session: the 2026 session is not included
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     [§46-123]  General authorization.  Any county by ordinance may authorize the executive branch of the county to enter into a development agreement with any person having a legal or equitable interest in real property, for the development of such property in accordance with this part; provided that such an ordinance shall:

     (1)  Establish procedures and requirements for the consideration of development agreements upon application by or on behalf of persons having a legal or equitable interest in the property, in accordance with this part;

     (2)  Designate a county executive agency to administer the agreements after such agreements become effective;

     (3)  Include provisions to require the designated agency to conduct a review of compliance with the terms and conditions of the development agreement, on a periodic basis as established by the development agreement; and

     (4)  Include provisions establishing reasonable time periods for the review and appeal of modifications of the development agreement. [L 1985, c 48, pt of §1]

 

 

Notes of Decisions
Cited in 1 case, 2006–2006 · leading case: Kelly v. 1250 Oceanside Partners, 140 P.3d 985 (Haw. 2006).
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Kelly v. 1250 Oceanside Partners, 140 P.3d 985 (Haw. 2006). · cites it 4× “In April 1998, the County entered into a development agreement with Oceanside under HRS § 46-123 (1993), 10 ensuring Oceanside’s right to proceed and requiring certain public benefits, including a five-mile highway and a 140-aere shoreline park.”
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