The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1896-06-02
BY AUTHORITY.
ACT 45.
ACT 45.
To DEFINE THE PROCEED RE II ACTIONS OF CON
DEyINATION UNDER THE RIGHT OF EMINENT
DOMAIN.
IN ACT

p, c1Gct W
section Private property may following
purposes which public Wit sites
for public buildings. Notifications. magazines arsenals
yards navy stations light houses range and beacon
lights quarantine stations peshouses hospitals
dumping places garbage and refuse material wharyes,
docks piers dams reservoirs bridges necessary
land construct roads canals. bitches fumes,
aqueducts pipe lines and also all land for
the growth protection public squares and pleas
IRE grounds; necessary land for improving har
Dor stream removing distractions herefrOm widen
ing deepening Strengthening their channels; also all
say which obtain earth gravel stones trees
timber necessary material for the construction Of any
public work
Section simple may be acquired for all the
purposes in Section 1.
Section B. Property which may by virtue of this
all belonging or per
corporations, together with all structures and i'm
povmpns thereon, appurtenances thereunto
belonging and all property heretofore appropriated to some
public use provided that in such must
pear which said sought to be put
necessary public than that to which has
already been appropriated
Section l. The Minister of the acting in his official
capacity may proceedings behalf of the Republic
the condemnation Of property as provided for in
this Act Interior be referred to
in this the Plaintiff
Section . The Circuit shall have power try and
determine arising this Act subject only to
appeal to the Supreme accordance with law.
Section property shall be taken by virtue of this Act
unless it shall appear be public
and that taking is necessary to such use
Section L Any agent of the Government may,
for the purpose locating surveying be condemned
with provisions of this Act enter upon the
examinations and and such entry
shall action in favor of the owner
of the land except damages resulting from negligence
the part OF such agent
Section 8 Actions by of this Act must be
commenced by filing petition and issuing summons there
persons who claimants of the property
sought to be joined DEFENDANTS
yided however claimant is unknown
to plaintiff it petition includes state
and such defendant be joined in the
petition fictitious The petition must also
tain statement of the sought be
condemned put description of each and piece
sought be condemned, and whether the same in
whole only of entire tract parcel
map accompany the complaint which shall correctly
deineate the land sought be condemned and its location
Section g. When the defendant of the land
sought to condemned known, the shall be
by delivering him certified copy thereof together
copy plaintiffs petition In the defendant
claimant, although known be found it shall be
said certified copy with agent per
tansacting of the defendant claimant
by leaving place business
defendant although known
resident Hawaiian Islands therefrom
if the defendant claimant unknown then the service
of the upon defendant claimant may be
made by publication newspaper published
the Hawaiian Islands, may
Court not less than three months The service
provided for in this be sufficient
Court jurisdiction proceed with finally determine
Section TO- All property necessary any public may
be united in action
Section Any person occupation of or having any
claim interest in sought
in the damages for the taking thereof though
the complaint, appear plead, respect
his property interest, in like named in
the complaint.
Section L. The Court shall have power
adverse conflicting claims the property
Damned and the 10 he