Hawaii § 171-38 - Condemnation of leases.
Full text of Hawaii Hawaii Revised Statutes § 171-38 — Condemnation of leases., with citation guidance and answers to common questions.
§ 171-38. Condemnation of leases.
The lease shall provide that whenever a portion of the public land under lease is condemned for public purposes by the State, or any county or city and county, or any other governmental agency or subdivision, the rental shall be reduced in proportion to the value of the portion of the premises condemned, and the lessee shall be entitled to receive from the condemning authority the: (1) Value of growing crops, if any, that the lessee is not permitted to harvest; and (2) Proportionate value of the lessee's permanent improvements taken in the proportion that it bears to the unexpired term of the lease. The lessee, in the alternative, may remove and relocate the lessee's improvements to the remainder of the lands occupied by the lessee. The foregoing rights of the lessee shall not be exclusive of any other to which the lessee may be entitled by law, including those rights established in section 171-37.5. Where the portion taken renders the remainder unsuitable for the uses for which the land was leased, the lessee shall have the option to surrender the lessee's lease and be discharged for any further liability therefor; provided that the lessee may remove the lessee's permanent improvements within a reasonable period allowed by the board. [L 1962, c 32, pt of §2; Supp, §103A-38; HRS §171-38; gen ch 1985; am L 2013, c 234, §4] Previous Vol03_Ch0121-0200D Next
Source: official Hawaii text · Last verified 2026-08-27
Frequently Asked Questions About Hawaii § 171-38
What does Hawaii Revised Statutes § 171-38 cover?
Section 171-38 ("Condemnation of leases.") is part of the Hawaii Revised Statutes, the codified statutory law of Hawaii. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Hawaii § 171-38?
A common citation format is "Hawaii Revised Statutes § 171-38" (Hawaii). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Hawaii law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Hawaii official source linked on this page or consult a licensed Hawaii attorney.
How does Hawaii § 171-38 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Hawaii can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Hawaii.