HAR §15-305-21. Designation

The corporation may designate all or a portion of the development tract for acquisition pursuant to section 516-22, HRS, upon the following conditions: (1) A designation shall be made by resolution duly adopted by the corporation, which resolution shall state the corporation's findings and shall identify the residential leasehold lots for which the corporation intends to acquire the leased fee interest; 305-13 opq rs §15-305-21 (2) The corporation's determination to designate individual residential leasehold lots within a development tract shall take into consideration all qualification requirements and shall not be based solely upon the request for designation; . (3) Upon designation, the executive director shall mail a copy of the resolution to the fee owner and the representative of the lessees of the development tract, if any, and to those persons who have made prior written request for notice (at their last recorded address); and a copy of the resolution shall be published once in a newspaper or general circulation in the county in which the development tract is situated; (4) Amendments to the designation resolution may, be adopted by the corporation as follows: (A) In a development tract being contested by the lessor, a lessee shall have sixty calendar days from the adoption date of the first designation resolution to meet the qualification requirements and be subsequently designated. Lessees who fail to meet the qualification requirements within the sixty calendar day period following date of first designation shall not be permitted to join the eminent domain proceedings unless and until said lessee has complied with the executive director's request; and (B) Where the lessor and lessee agree to additional designations, additional resolutions designating additional leasehold lots for acquisition may be adopted by the corporation provided that the lessees have applied and have been preliminarily qualified. [Eff JUN 15 2007 ] (Auth: HRS §516- 7) (Imp: HRS § § 516 - 6, 516 - 7 , 516 - 2 2) 305-14 87 56 §15-305-21 (2) The corporation's determination to designate individual residential leasehold lots within a development tract shall take into consideration all qualification requirements and shall not be based solely upon the request for designation; (3) Upon designation, the executive director shall mail a copy of the resolution to the fee owner and the representative of the lessees of the development tract, if any, and to those persons who have made prior written request for notice (at their last recorded address); and a copy of the resolution shall be published once in a newspaper or general circulation in the county in which the development tract is situated; (4) Amendments to the designation resolution may be adopted by the corporation as follows: (A) In a development tract being contested by the lessor, a lessee shall have sixty calendar days from the adoption date of the first designation resolution to meet the qualification requirements and be subsequently designated. Lessees who fail to meet the qualification requirements within the sixty calendar day period following date of first designation shall not be permitted to join the eminent domain proceedings unless and until said lessee has complied with the executive director's request; and (B) Where the lessor and lessee agree to additional designations, additional resolutions designating additional leasehold lots for acquisition may be adopted by the corporation provided that the lessees have applied and have been preliminarily qualified. [Eff JUN 15 2007 ] (Auth: HRS §516- 7) (Imp: HRS §5516-6, 516-7, 516-22) 305-14 §15-305-31 SUBCHAPTER 3 CONDEMNATION, ACQUISITION AND DISPOSITION