This office lease clause is a condemnation clause that illustrates a mild effort to deal with some of the issues In the event the whole of the building or a substantial part of the building is condemned.
The Hawaii Condemnation Clause, also known as the Eminent Domain Clause or the Takings Clause, refers to a specific provision that can be found in various types of legal agreements, such as contracts, leases, or property deeds, in the state of Hawaii. This clause addresses the rights, responsibilities, and compensation related to the forced acquisition of private property by the government for public use. The purpose of the Hawaii Condemnation Clause is to protect the property owners from unfair and arbitrary acquisition of their land or property. It ensures that if the government exercises its eminent domain power and condemns the property, the affected party is entitled to just compensation. Key elements commonly included in the Hawaii Condemnation Clause may address the following points: 1. Definition and Scope: The clause will define the terms "condemnation," "eminent domain," and "just compensation." It will also outline the specific circumstances under which the clause can be activated. 2. Notice: The property owner needs to be notified by the government about the intention to condemn the property. The clause may state the required format, duration, and delivery method for such notice. 3. Negotiations: The clause might require parties to engage in good-faith negotiations before any legal action is taken. This allows for a potential resolution and fair compensation prior to resorting to litigation. 4. Compensation: The clause will detail how the compensation value is determined. This may involve an appraisal process or negotiations between the parties involved. It may also specify what constitutes fair compensation, considering the property's fair market value, improvements made by the property owner, and associated relocation expenses. Different types of Hawaii Condemnation Clauses may exist based on the context in which they are used. For instance: 1. Condemnation Clause in Leases: This clause may be found in a commercial lease agreement, anticipating the possibility of condemnation leading to the termination of the lease. It may outline the procedures for calculating compensation or rent abatement in such situations. 2. Condemnation Clause in Contracts: Contracts related to construction or development projects may include a condemnation clause, addressing how the project should be affected if any part of the property is condemned. 3. Condemnation Clause in Deeds: Real estate deeds could incorporate a Hawaii Condemnation Clause to protect the buyer's interests by outlining their rights and compensation in case the property is condemned after the purchase. In summary, the Hawaii Condemnation Clause is a crucial feature of legal agreements that aims to safeguard property owners' rights when faced with the government's exercise of eminent domain. By providing clear guidelines for notice, negotiation, and just compensation, this clause protects both the interests of property owners and the public purposes served by acquiring the property.
