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Hawaii Revised Statutes

Haw. Rev. Stat. § 516-22 (2026)

  Designation of leased fee interest in all or part of development tract for acquisition

✓ current as of July 2026
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     §516-22  Designation of leased fee interest in all or part of development tract for acquisition.  The corporation may designate all or a portion of a development tract for acquisition and acquire leased fee interests in residential houselots in a development tract, through the exercise of the power of eminent domain or by purchase under the threat of eminent domain after twenty-five or more lessees or the lessees of more than fifty per cent of the residential lease lots within the development tract, whichever number is the lesser, have applied to the corporation to purchase the leased fee interest in their residential leasehold lots pursuant to section 516-33 and if, after due public notice and public hearing, the time and place of which have been duly given in the county in which the development tract is situated on at least three different days, the last notice being not less than five days before the date of hearing, the corporation finds that the acquisition of the leased fee interest in residential houselots in all or part of the tract through exercise of the power of eminent domain or by purchase under threat of eminent domain and the disposition thereof, as provided in this part will effectuate the public purposes of this chapter. [L 1967, c 307, §11; HRS §516-22; am L 1975, c 184, §2(6); am L 1976, c 242, §2; am L 1987, c 337, §16; am L 1988, c 104, §2; am L 1998, c 2, §104; am L 2005, c 196, §26(b); am L 2006, c 180, §16]

 

Law Journals and Reviews

 

  The Constitutionality of a Naked Transfer:  Mandatory Lease-to-Fee Conversion's Failure To Satisfy a Requisite Public Purpose in Hawai`i Condominiums.  25 UH L. Rev. 561 (2003).

 

Case Notes

 

  State may use power of eminent domain to redefine, rearrange, or redistribute interests in land.  471 F. Supp. 871 (1979).

  Taking is for a public use.  68 H. 55, 704 P.2d 888 (1985).

  Statutory public hearing requirement serves only informational purpose.  72 H. 466, 822 P.2d 955 (1991).

  Pursuant to this section, the housing finance and development corporation's sole function is to determine that necessary quantum of lessees have applied for purchase of their leased fee interests in residential lots situated in a qualifying "development tract", in conformity with preconditions enumerated in §516-33, and that the acquisition by the housing finance and development corporation will effectuate public purposes of the Hawaii Land Reform Act.  79 H. 64, 898 P.2d 576 (1995).

  Section 516-23 requires the housing finance and development corporation to acquire and dispose of the leased fee interests in no less than that portion of the development tract represented by the statutory minimum number of applicants designated pursuant to this section.  82 H. 172, 921 P.2d 92 (1996).

 

 

Notes of Decisions
Cited in 10 cases, 1979–2006 · leading case: Hous. Fin. & Dev. Corp. v. Takabuki, 921 P.2d 92 (Haw. 1996).
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Hous. Fin. & Dev. Corp. v. Takabuki, 921 P.2d 92 (Haw. 1996). · cites it 122× “HRS § 516-22 (1993). Acquisition of any property under the HLRA must be for fair market value.”
Coon v. City & Cnty. of Honolulu, 47 P.3d 348 (Haw. 2002). · cites it 4× “2d 576, 599 (1995) (holding that the “twenty-five or more lessees or the lessees of more than fifty per cent of the residential lease lots within the development tract, whichever number is the lesser,” required as a precondition to the acquisition of leased fee interests…”
Kau v. City & Cnty. of Honolulu, 92 P.3d 477 (Haw. 2004). · cites it 4× “ers in that case were mistaken and that the public purpose requirement of the HLRA would be satisfied as a matter of law by the lessees’ compliance with its threshold requirements of the number and qualifications of applying lessees and the condemning authority’s determination…”
Hawai'i Hous. Auth. v. Uyehara, 883 P.2d 65 (Haw. 1994). · cites it 4× “HRS § 516-22 (1985) provides in relevant part: The authority [HHA] may designate all or a portion of a development tract for acquisition and acquire leased fee interests in residential houselots in such development tract, through the exercise of the power of eminent domain or by…”
Midkiff v. Tom, 471 F. Supp. 871 (D. Haw. 1979). · cites it 9× “Even those prevented by a preliminary injunction from starting the mandatory arbitration procedures may seek a designation pursuant to Haw.Rev.Stat. § 516-22 which would have the effect of fixing the daté of valuation.”
City & Cnty. of Honolulu v. Sherman, 129 P.3d 542 (Haw. 2006). · cites it 11× “Furthermore, this court originally stated in Takabuki II that [b]ecause the [Housing Finance and Development Corporation] is required to acquire and dispose of the leased fee interests of at least that number of houselots represented by statutory minimum number of applicants…”
Takabuki v. Hous. Fin. & Dev. Corp., 822 P.2d 955 (Haw. 1991). · cites it 6× “Specifically appellant Trustees of the Kamehameha Schools/Bishop Estate (appellants) are complaining that HRS § 516-22 states in part: and if, after.”
Hawaii Hous. Auth. v. Lyman, 704 P.2d 888 (Haw. 1985). · cites it 2× “HRS § 516-22 (1976). The HHA then acquires the fee interest in the designated lots either by eminent domain proceedings pursuant to HRS Chapter 101 or by negotiations between the parties.”
Midkiff v. Comm'r, 96 T.C. 724 (Tax Ct. 1991). · cites it 2× “Generally, tenants living on single-family residential lots within certain areas are entitled to request that the HHA condemn the development tract in which their residential lots are located.”
Uffman v. Hous. Fin. & Dev. Corp., 760 P.2d 1115 (Haw. 1988). · cites it 8× “The doubt centered on the size of the “development tract” in which the fee interests could be designated for acquisition pursuant to HRS § 516-22. It arose because HRS § 516-1(2) (Supp.”
Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.