Urban Renewal Plan 1965 - Laserfiche WebLink

Home

E. OTHER PROVISIONS NECESSARY TO MEET STATE AND LOCAL REQUIREMENTS The provisions of the Hawaii Urban Renewal Law relating to disaster renewal projects (Section 143 -7. 1, R. L. H. 1955, as amended) waive most of the usual requirements for an urban renewal project and specifically waives the requirements for public hearings, conformity of the disaster renewal plan with the master plan, findings of blight, slum, deteriorated or deteriorating areas, and that the Project Area be- predominantly resi- dential in area or be developed for residential use. F. PROCEDURE FOR CHANGES IN APPROVED RENEWAL PLAN If at any time after the initial, adoption of the Plan, the Agency shall determine that a change in the Plan shall be in the public interest and in furtherance of the purpose of re- development, the Plan or any part thereof may be changed by following the same proce- dure set forth in the Urban Renewal Law (Chapter 143, R. L. H. 1955), as the same may from time to time be amended, for the initiation and approval of a redevelopment plan; rovided, however, the Agency shall additionally secure (1) 'agreement to the change from all redevelopers who are determined by the Agency to be affected redevelopers, and (2) the approval of any governmental agency having any jurisdiction over or interest in this Plan or any property covered by this Plan; provided further, that the approval of the Federal Government shall not be required after the Project has been completed under the terms of the Federal Loan and Grant Contract. As used herein, the term "affected redevelopers" shall mean all persons holding executed deeds, disposition agreements or owner - retention agreements with the Agency covering land within the project area defined by the Plan whose respective development on such land will be pre- judiced or adversely affected should the proposed change be made and who as a result thereof will suffer or sustain pecuniary loss or hardship. The determination of whether a redeveloper is an affected redeveloper within the meaning of the foregoing paragraph shall be made by the Agency following due notice and oppor- tunity to the redeveloper deeming himself to be affected to appear before the Agency and to present evidence in support of his claim. Failure of the redeveloper to make known to the Agency in writing within the time specified by the Agency or any extension there- of, that he deems himself to be an affected redeveloper, or failure of the redeveloper to sustain the burden of proof by clear and convincing evidence that he is an affected redeveloper within the meaning of the foregoing paragraph, shall constitute good cause for the Agency to find that said redeveloper is not an affected redeveloper and any such finding on the part of the Agency shall be final, subject only to judicial review as by law provided. -15-