§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]
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