reglab/housing_qa huggingface dataset:
HI Rev Stat § 101-24 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-24 Assessed as of day of summons.

 §101-24 Assessed as of day of summons. For the purpose of assessing compensation and damages, the right thereto shall be deemed to have accrued at the date of summons, and, except as provided in section 46-6, its actual value at that date shall be the measure of valuation of all property to be condemned, and the basis of damage to property by reason of its severance from the portion sought to be condemned, subject, however, to section 101-23.  No improvement put on the property subsequent to the date of the service of the summons shall be included in the assessment of compensation or damages. [L 1896, c 45, §15, pt of §16; RL 1925, §822; RL 1935, §64; RL 1945, §315; RL 1955, §8-22; am L 1959, c 19, §2; HRS §101-24] Case Notes  Basis of case. 36 H. 348.  Date of summons is determinative of "the right" to compensation. Applicable to amount and person. 61 F.2d 896. Damages prior to assessment may not be considered. 91 F.2d 85, 93. No claim can be made for improvements after date of summons. 34 H. 859. Appreciation in value of property after date of summons is not an element of just compensation. 45 H. 650, 372 P.2d 348.  Severance damages are computed as of date of summons, and no claim can be allowed for retaining wall built after notification of condemnation but before date of summons. 54 H. 287, 506 P.2d 770.  Blight of summons damages: payable in form of interest; determination of rate of interest; set-off against interest. 45 H. 650, 372 P.2d 348.  Blight of summons damages are computed at 5% interest rate (State v. Coney, 45 H. 650, overruled). 54 H. 385, 507 P.2d 1084.  Blight of summons damages. 54 H. 523, 511 P.2d 163; 55 H. 226, 517 P.2d 7.  Procedure for determining blight of summons damages in leasehold conversion cases. 69 H. 247, 739 P.2d 248.  Damages. 1 U.S.D.C. Haw. 179.  Cited: 3 U.S.D.C. Haw. 644, 656; 30 H. 1, 6; 46 H. 83, 102, 375 P.2d 6.
HI Rev Stat § 101-25 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-25 Payment of judgment, penalties.

 §101-25 Payment of judgment, penalties. The plaintiff shall within two years after final judgment pay the amount assessed as compensation or damages and upon failure so to do all rights which may have been obtained by the judgment shall be lost to the plaintiff; and if such payment is delayed more than thirty days after final judgment, then interest shall be added at the rate of five per cent a year. The payment shall be made to the clerk of the court rendering the judgment. The plaintiff shall within thirty days after the payment deposit in the mails of the United States a written notice addressed to the defendants, who have filed answers or appeared in court in the proceedings, or to their attorneys of record in the proceedings, if so represented, at their last known address, that the payment has been made, and the clerk of the court shall distribute the payment to those entitled thereto in accordance with the order of the court. If the plaintiff fails to make the payment as aforesaid, the defendant shall be entitled to recover judgment as provided in section 101-27. If the plaintiff fails to give written notice of the payment as aforesaid, interest shall be added on the amount thereof at the rate of five per cent a year until the written notice is placed in the mails or until the defendant receives from the clerk of court the amount to which the defendant is entitled under the terms of the order of court, whichever event shall first occur. [L 1896, c 45, §17; RL 1925, §823; RL 1935, §65; am L 1937, c 184, §3; am L 1941, c 55, §1; RL 1945, §316; am L 1951, c 12, §1(j); RL 1955, §8-23; HRS §101-25; gen ch 1985] Case Notes  Section does not apply to proceeding by U.S. 244 F. 923. Statute is substance and not procedure, therefore not applicable. Id.  Interest. 4 U.S.D.C. Haw. 33. Interest relates back to date of judgment upon delay in payment of judgment. 45 H. 650, 372 P.2d 348.  Final judgment means the judgment entered after disposition of an appeal to the supreme court. 50 H. 237, 437 P.2d 321.  Payment of post-judgment interest on award of fair market value in leasehold condemnation. 72 H. 383, 819 P.2d 82.  Cited: 4 U.S.D.C. Haw. 748; 30 H. 1, 6; 31 H. 781, 784; 48 H. 349, 353, 402 P.2d 683.
HI Rev Stat § 101-26 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-26 Final order of condemnation.

 §101-26 Final order of condemnation. When all payments required by the final judgment have been made, the court shall make a final order of condemnation, which shall describe the property condemned and the purposes of the condemnation, a certified copy of which shall be filed and recorded in the office of the registrar of conveyances, and thereupon the property described shall vest in the plaintiff. [L 1896, c 45, §18; RL 1925, §824; RL 1935, §66; RL 1945, §317; RL 1955, §8-24; HRS §101-26] Case Notes  "Certified" interpreted. 2 U.S.D.C. Haw. 428.  Registration of deed is condition precedent to vesting of title. 2 U.S.D.C. Haw. 423. Registration. 161 F. 303, reversing 2 U.S.D.C. Haw. 431.  Cited: 30 H. 1, 3; 31 H. 781, 784; 42 H. 415, 428; 48 H. 349, 353, 402 P.2d 683; 49 H. 494, 502, 421 P.2d 300.
HI Rev Stat § 101-28 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-28 Possession pending action; immediate occupation by plaintiff.

 §101-28 Possession pending action; immediate occupation by plaintiff. At any time after the service of summons the court may, upon motion of the plaintiff and upon notice to the defendant, issue an order putting the plaintiff in possession of the land sought to be condemned and permitting the plaintiff to do such work thereon as may be required for the purpose for which the taking of the land is sought. The motion shall contain a statement of the reasons for requiring an immediate occupation of the land sought to be condemned and a statement of the sum of money estimated by the plaintiff to be just compensation or damages for the taking of the land. Upon the filing of the motion the court shall issue an order directed to the defendants and returnable not more than twenty days from the date of the filing of the motion, requiring the defendants to appear and show cause why the motion should not be granted. The court may require proof by affidavit or otherwise of the right of the plaintiff to maintain the action and of the facts set forth in the motion and shall grant or deny the motion as the public interest and the rights of the parties may require.  Where the plaintiff is not the State or a county, the court may, upon motion of any defendant and good cause shown therefor, require the deposit with the clerk of the court, of such additional amount of money, or of a surety bond approved by the court in such additional amount, as the court deems necessary to reasonably secure the defendant in the collection of the final award which may be made thereafter, taking into consideration the adequacy of the initial estimate, the financial responsibility of the plaintiff and other pertinent circumstances. [L 1937, c 184, pt of §5; RL 1945, §319, pt of subs 1; am L 1947, c 200, pt of §1(d); am L 1951, c 12, pt of §1(l); RL 1955, §8-26; HRS §101-28] Case Notes  Filing of motion for order of possession will not be restrained as defendants may be heard on order itself to protect their rights. 39 H. 53.  Section is generally available to condemnors while §101-29 is restricted to use by the State or a county. 49 H. 494, 421 P.2d 300.
HI Rev Stat § 101-30 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-30 Order of possession.

 §101-30 Order of possession. No order of possession shall issue unless the plaintiff has paid to the clerk of the court issuing the order, for the use of the persons entitled thereto, the amount of the estimated compensation or damages stated in the motion for the issuance of the order and, in the case of a plaintiff other than the State or a county, has so paid such additional amount, or furnished such additional security, as may be required by the court.  An order of possession issued under section 101-29 shall not become effective until (1) summons in the action has been served personally on the defendants within or without the State, as provided in section 101-20 or section 634-24, or (2) the first publication of the summons directed to the defendants has occurred and notice has been posted as provided in section 634-23, or (3) the papers mailed to the defendants have been received as provided in section 634-24, or (4) the best notice practicable under the circumstances has been given as ordered by the court for good cause shown. [L 1937, c 184, pt of §5; RL 1945, §319, pt of subs 1; am L 1947, c 200, pt of §1(d); am L 1951, c 12, pt of §1(l); RL 1955, §8-28; HRS §101-30; am L 1973, c 30, §3] Case Notes  Remedy under section is adequate. 39 H. 53.
HI Rev Stat § 101-31 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-31 Payment of estimated compensation; effect thereof.

 §101-31 Payment of estimated compensation; effect thereof. Upon the application of the parties entitled thereto the court may order that the amount of the estimated compensation or damages stated in the motion and paid to the clerk of the court, or any part thereof, be paid forthwith for or on account of the just compensation to be awarded in the proceedings. If an additional deposit of money has been paid to the clerk of the court pursuant to section 101-28 the amount of the additional deposit or of any portion thereof, shall not, without the consent of the plaintiff, be paid to the party. A payment to any party as aforesaid shall be held to constitute an abandonment by the party of all defenses interposed by the party, excepting the party's claim for greater compensation or damages. If the compensation or damages finally awarded in respect of the land or any parcel thereof exceeds the amount of the money so received by any person entitled, the court shall enter judgment for the amount of the deficiency. The unexpended moneys and any additional security so deposited with the clerk of the court shall be available for, or for enforcement of, the payment of any final judgment awarded by the court. [L 1937, c 184, pt of §5; RL 1945, §319, pt of subs 1; am L 1947, c 200, pt of §1(d); am L 1951, c 12, pt of §1(l); RL 1955, §8-29; HRS §101-31; gen ch 1985] Case Notes  Where estimate of compensation deposited to obtain immediate possession is in excess of final award, condemnee must make restitution with interest. 54 H. 385, 507 P.2d 1084.
HI Rev Stat § 101-32 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-32 Possession pending appeal.

  §101-32 Possession pending appeal. At any time after judgment has been rendered in the circuit court for or in favor of the plaintiff, or pending an appeal by either plaintiff or defendant, the plaintiff, if not already in possession of the land sought to be condemned under an order entered pursuant to sections 101-28 and 101-29, may be put into possession thereof upon the payment, to the clerk of the court, of the amount assessed as compensation or damages and such further sum as may be required by the court as a fund to pay any further compensation or damages that may be awarded, as well as all damages that may be sustained by the defendant if for any cause the property is not finally taken for public use. Upon such payment, the court shall make an order putting plaintiff into possession of the property sought to be condemned with the right to use the same during the pendency of and until the final conclusion of the litigation. If the plaintiff has appealed, the amount shall be held by the clerk until the entry of final judgment, and the final judgment shall include, as part of the just compensation and damages awarded, interest at the rate provided in section 101-25 from the date of the order letting plaintiff into possession. If the defendant who is entitled to the amount of money assessed as compensation or damages and paid into court under this section has appealed, the defendant shall have the right to demand and receive payment of the same at any time thereafter, upon filing a receipt therefor and an abandonment of all defenses to the action or proceeding, except as to the amount of compensation or damages that the defendant may be entitled to if a new trial shall be granted. [L 1896, c 45, §19; RL 1925, pt of §825; RL 1935, pt of §68; am L 1937, c 184, pt of §5; RL 1945, §319, subs 3; am L 1951, c 12, pt of §1(l); RL 1955, §8-30; HRS §101-32; gen ch 1985; am L 2004, c 202, §10; am L 2006, c 94, §1; am L 2010, c 109, §1] Case Notes  Remedy under section is adequate. 39 H. 53.  "Final judgment" means judgment entered after an appeal. 50 H. 237, 437 P.2d 321.
HI Rev Stat § 101-33 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-33 Allowance of interest, etc.

 §101-33 Allowance of interest, etc. If an order is made letting the plaintiff into possession as provided for in sections 101-28, 101-29, and 101-32, the final judgment shall include, as part of the just compensation and damages awarded, interest at the rate provided in section 101-25 from the date of the order until paid by the plaintiff; provided that except in the case of an appeal by the plaintiff as provided in section 101-32, interest shall not be allowed upon any sum paid by the plaintiff to the clerk of the court from the date of the payment. The court may fix and include in the order or judgment the time within which and the terms upon which the parties in possession shall be required to surrender possession to the plaintiff. The court may make such orders in respect of encumbrances, liens, rentals, taxes, assessments, insurance, and other charges, if any, as shall be just and equitable. [L 1896, c 45, pt of §16; RL 1925, pt of §825; RL 1935, pt of §68; am L 1937, c 184, pt of §5; RL 1945, §319, subs 3; am L 1951, c 12, pt of §1(l); RL 1955, §8-31; HRS §101-33] Case Notes  Section applied in computing rate of interest from order of possession to date of judgment. 45 H. 650, 372 P.2d 348. Interest is allowable on amount stipulated as value. 48 H. 444, 404 P.2d 373.  Blight of summons damages are computed at 5% interest rate (State v. Coney, 45 H. 650, overruled). 54 H. 385, 507 P.2d 1084.  Blight of summons damages. 55 H. 226, 517 P.2d 7.  Section does not authorize award of "interest on interest" or require that interest be awarded for periods where condemnation trial continued at landowner's request. 64 H. 168, 637 P.2d 1131.  See 50 H. 237, 437 P.2d 321.  Cited: 30 H. 1, 6; 36 H. 348, 351.
HI Rev Stat § 101-34 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-34 Issue as to use may be set for immediate trial.

  §101-34 Issue as to use may be set for immediate trial. If the defendant, in the defendant's answer or in return to the order to show cause, issued under section 101-28, denies that the use for which the property sought to be condemned is a public use, or a superior public use within the meaning of section 101-7, the issue, upon the motion of any party, may be set for immediate trial, without a jury and without regard to position on the calendar. Notwithstanding any provision of section 641-1, an interlocutory appeal shall lie from the decision on the issue as of right, and the appeal shall be given precedence in the intermediate appellate court. Failure of the defendant to raise the issue within ten days after service of an order granting immediate possession shall be deemed an admission that the use is a public use or a superior public use, as the case may be. [L 1951, c 12, pt of §1(l); RL 1955, §8-32; HRS §101-34; am L 1973, c 30, §4; gen ch 1985; am L 2004, c 202, §11; am L 2006, c 94, §1; am L 2010, c 109, §1] Case Notes  Interlocutory appeal is a matter of right on the issue of public use. 44 H. 7, 352 P.2d 333. Appeal under section. 46 H. 279, 378 P.2d 882.  Trial should be held under this section with respect to issue of public use, rather than decide constitutionality of a statute by summary judgment. 65 H. 465, 653 P.2d 781.  Provides constitutional, adequate remedy to raise issue of public use in eminent domain proceedings under chapter 516. 72 H. 466, 822 P.2d 955.  Supreme court has jurisdiction under this section to hear appeal from order granting partial summary judgment in matter involving exercise of power of eminent domain. 79 H. 64, 898 P.2d 576.  Pursuant to this section, the trustee defendants were entitled as of right to an interlocutory appeal of the circuit court's adverse decision regarding public use. 100 H. 182, 58 P.3d 1229.  Cited: 39 H. 545, 547.
HI Rev Stat § 101-35 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-35 Tax official as party; certificates, etc.

 §101-35 Tax official as party; certificates, etc. Whenever an eminent domain proceeding is brought by the State or any county for the purpose of acquiring the fee simple estate in real property neither the director of taxation, county finance director, or any other tax official shall be joined as party respondent merely on account of any lien for state taxes set forth in title 14 or for county real property taxes. The appropriate director or tax official, as the case may be, may intervene in the proceeding as provided by section 101-21. Upon filing the complaint the plaintiff shall furnish a copy thereof to the appropriate director or tax official and shall also furnish the appropriate director or tax official a copy of any amended complaint. [L 1939, c 211, pt of §3; RL 1945, pt of §320; RL 1955, §8-33; am L Sp 1959 2d, c 1, §16; HRS §101-35; gen ch 1985; am L 1995, c 155, §2]
HI Rev Stat § 101-36 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-36 Certificate of deposit of moneys in court; notice of lien.

 §101-36 Certificate of deposit of moneys in court; notice of lien. If any moneys are paid into court by the plaintiff in the course of an eminent domain proceeding, the plaintiff or its attorney shall certify the fact of the payment to the director of taxation or county finance director, as the case may be, and shall further certify the date when possession of the land on account of which the payment was made was acquired by the plaintiff, or in the event of entry of a final order of condemnation without previous possession of the land, shall certify the date of the final order of condemnation. A copy of the certificate shall be filed as part of the record in the case. In the event of a final determination granting the application of any party for the payment to the party of any of the moneys so paid into court, or if a final order of condemnation is entered, then immediately upon receipt of the certificate the appropriate director shall certify to the clerk of the court in which the eminent domain proceeding is pending the amount of state taxes set forth in title 14 or county real property taxes, penalties, and interest constituting a lien upon the land so coming into the possession of the plaintiff, or constituting a lien upon the land which was the subject of the final order of condemnation, as the case may be. In computing the amount of the lien the county director of finance shall cause the real property taxes due on the parcel of land or portion of a parcel of land so coming into the possession of the plaintiff or made the subject of the final order of condemnation, to be remitted for the balance of the taxation period or year from and after the date of possession or, in the event of entry of a final order of condemnation without previous possession by the plaintiff, from and after the date on which the final order of condemnation was entered, as the case may be. The county director of finance or other tax official may remit the taxes in the manner provided by this section upon the receipt of the certificate. [L 1939, c 211, pt of §3; RL 1945, pt of §320; RL 1955, §8-34; am L Sp 1959 2d, c 1, §16; HRS §101-36; gen ch 1985; am L 1995, c 155, §3]
HI Rev Stat § 101-37 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-37 Payment of taxes out of deposit.

 §101-37  Payment of taxes out of deposit. The amount of the taxes, penalties, and interest so certified shall be paid to the tax official making the certificate by the clerk of the court from the moneys paid into court, and no clerk shall distribute any moneys so paid into court without the consent of the director of taxation or county finance director, as the case may be, unless the certificate has been furnished. The clerk shall apportion the tax lien among the parties entitled to receive the moneys so paid into court in accordance with the direction of the court. Any of the parties may petition the court for determination of the correct amount of taxes, making the appropriate director a party to the proceeding. Upon the conclusion of the proceeding the appropriate director shall make a new certificate in accordance with the final decision upon the matter, and showing additional penalties and interest, if any. [L 1939, c 211, pt of §3; RL 1945, pt of §320; RL 1955, §8-35; am L Sp 1959 2d, c 1, §16; HRS §101-37; am L 1995, c 155, §4]
HI Rev Stat § 101-38 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-38 Further certificate of possession.

 §101-38 Further certificate of possession. In the event possession of any land which is the subject of eminent domain proceedings commenced for the acquisition of the fee simple estate in such lands is obtained by the State or any county, whether or not any moneys are paid into court at the time, the plaintiff or its attorney upon the request of any interested person shall certify the date of the possession to the director of taxation or county finance director, as the case may be, and upon receipt of the certificate the appropriate director or appropriate state or comparable county tax collector and other tax official may remit the taxes in the manner provided in section 101-36. [L 1939, c 211, pt of §3; RL 1945, pt of §320; RL 1955, §8-36; am L Sp 1959 2d, c 1, §16; HRS §101-38; am L 1995, c 155, §5]
HI Rev Stat § 101-39 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-39 Effect of abandonment of eminent domain proceedings.

 §101-39 Effect of abandonment of eminent domain proceedings. If (1) possession is abandoned at any time prior to the entry of final order of condemnation, or (2) proceedings are abandoned or discontinued before reaching final judgment, or (3) the final judgment does not provide for the taking of the land for public use, or (4) the final order of condemnation is not entered within two years after final judgment, then:  (A) The amount of taxes remitted for the balance of the taxation period or year from and after the event enumerated in items (1), (2), (3), or (4) above shall be restored to the tax lists and tax rolls and shall be deemed delinquent if not paid within ten days after the mailing of notice and demand for payment; and  (B) If the property has not been assessed for taxes in any year by reason of such possession by the plaintiff the property shall be assessed for taxes in the manner provided for property omitted from taxation, and the taxes due on the property for the balance of the taxation period or year from and after the event enumerated in items (1), (2), (3), or (4) above shall be placed on the tax lists and tax rolls and collected as in the case of property omitted from taxation. [L 1939, c 211, pt of §3; RL 1945, pt of §320; RL 1955, §8-37; HRS §101-39]