§217.  Ejectment, when; loan to new lessee for improvements.  In case the lessee or borrower or the successor to an interest in the tract, as the case may be, fails to comply with any order issued by the department under the provisions of section 210 or 216 of this title, the department may:

     (1)  Bring action of ejectment or other appropriate proceeding; or

     (2)  Invoke the aid of the circuit court of the State for the judicial circuit in which the tract designated in the department's order is situated.  Such court may thereupon order the lessee or the lessee's successor to comply with the order of the department.  Any failure to obey the order of the court may be punished by it as contempt thereof.  Any tract forfeited under the provisions of section 210 or 216 of this title may be again leased by the department as authorized by the provisions of section 207 of this title, except that the value, in the opinion of the department, of all improvements made in respect to such tract by the original lessee or any successor to an interest therein shall constitute a loan by the department to the new lessee.  Such loan shall be subject to the provisions of this section and sections 215, except paragraph (1), and 216 to the same extent as loans made by the department from the Hawaiian loan fund. [Am L 1963, c 207, §§2, 5(a); am L 1997, c 197, §9]


Case Notes


  Cannot be construed to authorize seizure of lessee's property without service of summons, time to answer, and opportunity to present evidence and be heard.  68 H. 466, 719 P.2d 397.