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Regulating ParadiseLand Use Controls in Hawai'i$
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David L. Callies

Print publication date: 2010

Print ISBN-13: 9780824834753

Published to Hawaii Scholarship Online: November 2016

DOI: 10.21313/hawaii/9780824834753.001.0001

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Subdivisions, Land Development Conditions, and Development Agreements

Subdivisions, Land Development Conditions, and Development Agreements

(p.83) Chapter 3 Subdivisions, Land Development Conditions, and Development Agreements
Regulating Paradise

David L. Callies

University of Hawai'i Press

This chapter explores how the subdivision approval process represents one of the most relevant of land use control techniques. It is exercised at the county level, enabled through legislation at the state level, and is a prerequisite for almost all single-family residential development, as well as a significant portion of new multifamily, commercial, and industrial development whenever a landowner-developer divides land into more parcels. It is at this stage in the land development process that county government often requires a series of land development conditions precedent to permission to develop. The chapter discusses development agreements as negotiated by a county and a landowner, as well as the applicability of the concept of vested rights—given that the vesting of rights is what often attracts a landowner-developer to the development agreement process.

Keywords:   subdivisions, land use control, residential development, landowner-developer, development agreements, vested rights, land development

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