HAR §15-24-2. Definitions

As used in this chapter, the term: "Authority" means the Hawaii community development authority. "Business" means any lawful activity conducted (1) primarily for the purchase and resale, manufacture, processing or marketing of products, commodities, or any other personal property; (2) primarily for the sale of services to the public; or (3) by a nonprofit organization. "Comparable dwelling" means one which when compared with the dwelling being taken is: (1) Decent, safe and sanitary; (2) Functionally equivalent and substantially the same with respect to number of rooms, area of living space, type of construction, age, and state of repair; (3) In areas not generally less desirable than the dwelling to be acquired with regard to public utilities, and public and commercial facilities; (4) Reasonably accessible to the displaced person's place of employment; (5) Adequate to accommodate the relocatee; (6) In an equal or better neighborhood; (7) Available on the market; and (8) Open to all persons regardless of race, color, religion, sex or national origin. "Displaced person" means any person who is lawfully residing on or lawfully occupying real property and is required to move from any real property as a result of the acquisition or imminence of acquisition of the real property, in whole or in part, by the authority or other governmental agency or who moves from the real property as a result of the acquisition or imminence of acquisition by the authority or other governmental agency of other real property on which the personal is lawfully conducting a business. "Displaced person" also includes any person lawfully residing on or lawfully occupying real property and is required to move as a result of a governmental program of voluntary rehabilitation or building, zoning, and other similar code enforcement activities. "Displaced person" as defined in this chapter shall not include a tenant upon or occupier of State land under a revocable permit, provided that those persons who are issued revocable permits on State land which they had previously occupied as lawful tenants or lawful occupiers of private virtue of which acquisition the revocable permits are issued immediately upon acquisition, shall be entitled to assistance as displaced persons upon displacement at the termination of the revocable permits. "Displaced persons" as defined in this chapter shall not UNOFFICIAL COMPILATION NOVEMBER 1999 -3- include a squatter or trespasser upon State land or any person unlawfully residing on or unlawfully occupying any real property. "Eligible person" means any displaced person who is, or becomes, lawfully entitled to any payment under this chapter. "Executive director" means the executive director of the authority. "Family" means two or more individuals living together in the same dwelling unit who are related to each other by blood, marriage, adoption, or legal guardianship. "Financial institution" includes, but is not limited to, banks and other lending institutions whose regular course of business entails the making of commercial and industrial loans. "Governmental agency" includes the authority and any other state or county agency. "Individual" means a person who is not a member of a family. "Loan" means a direct loan made by the authority for the purpose of this chapter, or a loan in which the State participates with financial institutions, including the SBA. "Moves in reasonable expectation". A person who moves from real property subsequently acquired for public purposes as a result of the "reasonable expectation of acquisition of the real property" is one who is in occupancy on the date of the first written offer to purchase the property and meets the occupancy requirements. The occupancy requirements shall be computed from the date of his move. "Moving expenses" include the cost of dismantling, disconnecting, crating, loading, insuring, temporary storage, transporting, unloading, reinstalling of personal property, including service charge in connection with effecting the reinstallations, excluding the cost of any additions, improvements, alterations, or other physical changes in or to any structure in connection therewith. Reinstallation and reconnection costs required for the relocation of trade fixtures shall qualify as moving expenses. "Owner" means a person: (1) Owning, legally or equitably, the fee simple estate, a life estate, a ninety-nine year lease, or other proprietary interest in the property; (2) The contract purchaser of any of the foregoing estates or interest; or (3) Who has succeeded to any of the foregoing interests by devise, bequest, inheritance or operation of law. If acquisition of ownership is by such methods, the tenure of the succeeding UNOFFICIAL COMPILATION NOVEMBER 1999 -4- owner shall include the tenure of the preceding owner. "Person" means (1) any individual, partnership, or corporation or association which is the owner of a business; (2) the head of a family; (3) an individual not a member of a family; (4) a nonprofit organization exempted from taxation under section 235-9, Hawaii Revised Statutes. "Private action displaced business" means a small business which is displaced from its location in the Kakaako community development district due to private sector action and not due to action by any governmental agency. "SBA" means the Small Business Administration of the United States Government. "SBIA" means the Small Business Investment Act of 1958 (P.L. 86-699), as amended. "SBIC" means the Small Business Investment Company which provides venture capital to meet the equity needs of small business concerns. "Small business" means any business entity, including its affilitates or subsidiaries, which (1) is nondominant in its field and organized for profit, (2) generally conforms with the SBA definition of a small business as defined by title 13, section 121.3-10 of the Code of Federal Regulations, and (3) has conducted ongoing business from a property situated within the Kakaako community development district as set forth in §15-24-44(7). "State" means the State of Hawaii. "Trade fixtures" are machinery, equipment and other property attached to the business structure and utilized for the trade or business. Office equipment, furniture, air conditioners, and other general property are not considered trade fixtures. However, air conditioners that are utilized in conjunction with business machinery or equipment shall be considered trade fixtures. [Eff 2/11/91] (Auth: HRS §§206E-4, 206E-10.5) (Imp: HRS §§206E-4, 206E-10.5) Historical Note: §15-24-2 is based substantially upon §15-18-2. [Eff 9/22/84; am 5/11/85; R 2/11/91]