The Pacific commercial advertiser. [volume] (Honolulu, Hawaiian Islands) 1885-1921, 1909-04-19
ACT SO.
AN. ACT

AN ACT
To SAFEGUARD TAKING PROPERTY RAILROAD
COMPANIES UNDER Power OF EMINENT DOMAIN.
Be it Enacted by the Legislature of the Territory of Haaeuii
SECTION The procedure for the taking of property by
Company under the powers enumerated in Section 75
of the Revised Laws of Hawaii shall be as follows,
The Railroad Company intending take property for rail-
road purposes shall the thereof and others
holding any interest therein any, not less than thirty days
notice of such intention.
Such shall describe each parcel of the property be
TAKEN reasonable certainty shall contain estimate of the
parcel of said and offer to purchase the
same for the values named
the of the property part thereof OF other
person holding therein shall accept the offer of
railroad company within thirty days after the giving of said
notice. the said railroad company time thereafter give
the other person holding interest therein not less
thirty days notice of its intention apply justice of the
Supreme Court the appointment of appraisers to fix the
compensation be paid to the others having
erest therein for the property to be taken Such notice shall con-
description of each parcel of the property to be taken
herenbefoe forth and also ofh time and place
al which such application will be made.
g. At the time and place fixed in said last named notice the
railroad company may apply to any justice OF the supreme Court
mine the of compensation to be paid to the
others interested therein for the property to be taken and each
parcel thereof.
Upon such application the justice shall appoint three dn
teeste persons for the purpose in said application set forth
Upon the appointment of appraisers aforesaid they shall
appoint time and place for hearing the question submitted
them aforesaid and shall give least days notice of such
hearing to all parties interested Upon such hearing all parties
interested shall be given full opportunity evidence and
otherwise be fully heard Failure the of said appraisers
determine question within after
their appointment shall nvadae their appointment and all
eeedings had Hereunder.
Upon completion of said hearing the appraisers major
ty of them, shall determine the of compensation be
paid by the railroad for each parcel of the property and
each interest therein and shall file copy of their decision in the
said Supreme Court.
S. Upon the filing decision appraisers shall
hereupon become ueo the Supreme Court and enforced
accordingly
Every decision of the appraisers made rule of
aforesaid within days thereafter be appealed from by
interested therein the Circuit Court of the Circuit
within which the property be taken located In of such
appeal any party shall be entitled to demand jury trial
If the of of the property be taken
interest therein shall appeal from the decision of the
appraisers appointed aforesaid the railroad company pay
into the Supreme Court for distribution by among persons
emitted thereto the amount OF the compensation awarded by the
appraisers.
If any party interested shall appeal from the said decision of
said appraisers aforesaid the railroad company pay
the Supreme Court twice the compensation
by the to said party there await the final decision of
said appeal and the distribution aforesaid the finally
decided to be the amount of the compensation be paid for the
property taken
Upon the payment the amount of said award in
the event OF appeal being taken twice the of said
award in the event OF appeal being taken the said railroad
shall have the right Immediately possess
and the property covered by said award notwithstanding the
tendency of any appeal taken
Any notice herein provided given shall be given
the following viz If the residence of person per-
sons known to the whose duty hereunder
to the persons entitled receive same
deposit the registered letter in post Ter
oy postage prepaid and duly addressed to the last post office
address OF the entitled the known
person posting the
property or any interest therein to be
taken unknown the residence person to whom such
notice be given persons
duty hereunder give such notice then shall be
given by publication English and Hawaiian less than
four times newspaper published in the county city
county IN which the property to be taken is located
Proof of the giving OF notice herein required may made
by affidavit of any person having knowledge of
time OF giving notice shall be computed of deposit in the
post Office from the date of said deposit and adver
ising from the date OF the last publication
SECTION No railroad company shall have the right take
any property under the powers conferred upon by Sec
ton zs of the Revised Of Hawaii until it shall have paid
the therefor made deposit in for that purpose
upon the and conditions in this Act provided
SECTION This Act shall take effect from and after the date
of its approval
Approved this 10th day of April, A. D 1900
WALTER F. FREAR,
Governor of the Territory Of Hawaii.
RESOLUTION NO. T.