reglab/housing_qa huggingface dataset:
HI Rev Stat § 101-1 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-1 Definitions.

  §101-1 Definitions. In this part, except where the context otherwise requires:  "County" means a county (except the county of Kalawao) and any agency of a county, including the board of water supply thereof, duly authorized to exercise the power of eminent domain.  "Plaintiff" means the State or any county or the public utility or other authority duly authorized to exercise the power of eminent domain.  "State" means the State or any agency of the State duly authorized to exercise the power of eminent domain. [L 1951, c 12, §1(a); RL 1955, §8-1; HRS §101-1] Revision Note  Numeric designations deleted. Law Journals and Reviews  Eminent Domain and Serrated Power. 39 UH L. Rev. 171 (2016).
HI Rev Stat § 101-3 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-3 Entry upon private property by agreement.

 §101-3 Entry upon private property by agreement. In the event the State or a county thereof enters upon privately owned real property by authority of an agreement to acquire the real property either by voluntary action of the parties or by condemnation, the State or county is required to:  (1) Reduce the agreement in writing;  (2) File the executed written agreement promptly in the bureau of conveyances;  (3) Complete its part of the agreement, including payment in full of any money, within the period of two years immediately succeeding the date upon which the agreement is filed.  If the State or county does not so complete its part of the agreement, the State or county shall pay to the property owner, in addition to the sum due, interest of six per cent a year on the sum due commencing with the end of the term of two years, and the property owner may bring suit against the State or any county to recover the sum together with interest. [L 1953, c 108, §1; RL 1955, §8-3; HRS §101-3]
HI Rev Stat § 101-3.5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-3.5 Priority for lessees dislocated by condemnation proceedings. Notwithstanding any law to the contrary, any lessee engaged in commercial or industrial uses who has been or will be displaced from private property which is acquired by the State or any county for public use by the power of eminent domain or threat thereof shall have the right of first refusal to enter into a lease in an industrial park created under chapter 171, or on other state land, which has been designated as an appropriate relocation site for the displaced lessee by law or by resolution adopted by the board of land and natural resources and approved by the legislature by concurrent resolution. [L 1990, c 274, §2]

  §101-3.5 Priority for lessees dislocated by condemnation proceedings. Notwithstanding any law to the contrary, any lessee engaged in commercial or industrial uses who has been or will be displaced from private property which is acquired by the State or any county for public use by the power of eminent domain or threat thereof shall have the right of first refusal to enter into a lease in an industrial park created under chapter 171, or on other state land, which has been designated as an appropriate relocation site for the displaced lessee by law or by resolution adopted by the board of land and natural resources and approved by the legislature by concurrent resolution. [L 1990, c 274, §2]
HI Rev Stat § 101-4 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-4 Right of eminent domain granted to public utilities and others.

 §101-4 Right of eminent domain granted to public utilities and others. The right and power of eminent domain is hereby granted to every person, operating a public utility, and engaged in the transportation of passengers or freight or any commodity by rail or bus, or by any other means, or the conveyance or transmission of telephone messages, or the production, conveyance, transmission, delivery, or furnishing of electricity, power, water, gas, or oil, within the State, as well as to corporations designated in section 101-41. The right and power shall be exercised only in compliance with, and under, the conditions and procedures set forth in this part. [L 1896, c 45, §6; RL 1925, §809; RL 1935, §51; RL 1945, §302; am L 1951, c 12, §1(c); RL 1955, §8-4; HRS §101-4] Law Journals and Reviews  Eminent Domain and Serrated Power. 39 UH L. Rev. 171 (2016). Case Notes  Cited: 20 H. 365, 367.
HI Rev Stat § 101-5 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-5 Fee simple or lesser estate may be acquired.

 §101-5 Fee simple or lesser estate may be acquired. In the taking of private property for a public use, a fee simple estate or any lesser estate may be acquired. [L 1896, c 45, §2; RL 1925, §810; RL 1935, §52; RL 1945, §303; am L 1951, c 12, §1(d); RL 1955, §8-5; HRS §101-5] Case Notes  Condemning a fee simple estate subject to existing tenancy. 42 H. 415.  Undivided interests in parcels of land owned in fee simple are fee simple estates and may be taken in eminent domain proceedings. 50 H. 501, 443 P.2d 140.
HI Rev Stat § 101-6 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-6 What property may be taken.

 §101-6 What property may be taken. Property which may be taken by virtue of this part includes all real estate belonging to any person, together with all structures and improvements thereon, franchises or appurtenances thereunto belonging, water, water rights, and easements of every nature. [L 1896, c 45, §3; am L 1898, c 62, §1; RL 1925, §811; RL 1935, §53; RL 1945, §304; am L 1951, c 12, §1(e); RL 1955, §8-6; HRS §101-6] Case Notes  Prior to statute change of grade of street not held to be taking of property without compensation. 7 H. 470.  Right of eminent domain does not extend to public property. 38 H. 329.  Access rights are property. 44 H. 343, 354 P.2d 981.
HI Rev Stat § 101-7 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-7 Superior public use.

 §101-7 Superior public use. Property already appropriated to some public use may be taken by the State or a county in the manner and under the conditions provided by part III. An easement over, across or under property not owned by the State or a county and devoted to public use may be taken by any other person enjoying the right of eminent domain where such taking will not substantially impair the use for which the property has previously been appropriated. [L 1951, c 12, §1(f); RL 1955, §8-7; HRS §101-7] Case Notes  Not applicable unless state or county owns the land. 70 H. 18, 757 P.2d 647.
HI Rev Stat § 101-8 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-8 Entering and surveying land.

 §101-8 Entering and surveying land. Any agent or servant of a plaintiff may, for the purpose of locating or surveying land to be condemned in accordance with this part, enter upon the land and make examinations and surveys. The entry shall not constitute a cause of action in favor of the owner of the land, except for damages resulting from wilful acts or negligence on the part of the agent or servant. [L 1896, c 45, §7; am L 1917, c 108, §1; RL 1925, §812; RL 1935, §54; RL 1945, §305; am L 1951, c 12, §1(g); RL 1955, §8-8; HRS §101-8]
HI Rev Stat § 101-9 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-9 Actions; priority.

 §101-9 Actions; priority. In all actions brought under this chapter, to enforce the right of eminent domain, all courts shall give the actions preference over all other civil actions in the matter of setting the actions for hearing or trial, and in hearing them, to the end that all the actions shall be quickly heard and determined. [L 1959, c 18, §1; Supp, §8-8.5; HRS §101-9]
HI Rev Stat § 101-10 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-10 Circuit courts have jurisdiction.

  §101-10 Circuit courts have jurisdiction. The circuit courts shall try and determine all actions arising under this part, subject only to an appeal in accordance with law. The court, on its own motion or on motion of any party, may try and determine any issue in the case in advance of other issues. [L 1896, c 45, §5; RL 1925, §813; RL 1935, §55; RL 1945, §306; am L 1947, c 200, §1(a); RL 1955, §8-9; HRS §101-10; am L 2004, c 202, §9; am L 2006, c 94, §1; am L 2010, c 109, §1] Case Notes  Cited: 20 H. 365, 367; 30 H. 1, 5; 39 H. 53, 57.
HI Rev Stat § 101-11 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-11 Procedure as in civil actions.

 §101-11 Procedure as in civil actions. Except as otherwise expressly provided in this part, the procedure shall be the same as in other civil actions. [L 1896, c 45, §20; RL 1925, §814; RL 1935, §56; RL 1945, §307; RL 1955, §8-10; HRS §101-11] Case Notes  Condemnor has duty to open and close in presentation of evidence. 48 H. 101, 395 P.2d 932.  Based on the established common law convention of this jurisdiction at the time of adoption of the state constitution, as a general matter, a right to jury trial exists in state eminent domain proceedings. 91 H. 81, 979 P.2d 1107.  Cited: 30 H. 1, 5.
HI Rev Stat § 101-12 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-12 Evidence.

 §101-12 Evidence. In addition to rules of evidence otherwise provided by law, in all proceedings brought under this part the valuation claimed by the taxpayer shall be taken into account. The valuation claimed by the taxpayer in any appeal regarding the assessment of real property tax shall be admissible in evidence as an admission of the fair market value of the real property as of the date of assessment irrespective of the fact that the assessed value from which the taxpayer appealed is adjusted to one hundred per cent fair market value; provided that the evidence shall not in any way affect the right of the taxpayer to severance damages, if any, to which the taxpayer may be entitled, and provided further that, if the taxpayer appealing the assessed value of the real property is a person under a contractual obligation to pay the tax assessed against the fee owner, whether such appeal is deemed consented to by the fee owner, the valuation claimed by such person shall not be admissible in evidence in any eminent domain proceeding against the fee owner. [L 1963, c 143, §4; Supp, §8-10.1; HRS §101-12; am L 1995, c 155, §1] Rules of Court  Admission, see HRCP rule 36. Case Notes  Recent sales of similar real estate is admissible as evidence of value in a condemnation case. 60 H. 393, 591 P.2d 1049.
HI Rev Stat § 101-13 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-13 Exercise of power by county.

 §101-13 Exercise of power by county. Whenever any county deems it advisable or necessary to exercise the right of eminent domain in the furtherance of any governmental power, the proceedings may be instituted as provided in section 101-14 after the governing authority (county council, or other governing board in the case of an independent board having control of its own funds) of the county has authorized such suit by resolution duly passed, or adopted and approved, as the case may be. The resolution, in the case of the city and county of Honolulu or an independent board thereof, shall, after its introduction, be published in a daily newspaper with the ayes and noes, once (Sundays and legal holidays excepted) at least three days before final action upon it, and in the case of any other county or an independent board thereof, be published in a newspaper with the ayes and noes, at least one day (Sundays and legal holidays excepted), before final action upon it. [L 1919, c 63, §1; am L 1923, c 48, §1; RL 1925, §815; am imp L 1933, c 98, §2; RL 1935, §57; RL 1945, §308; am L 1951, c 12, §1(h); RL 1955, §8-11; HRS §101-13] Revision Note  "County council" substituted for "board of supervisors". Case Notes  Ordinance relating to residential condominium leasehold conversion did not entail the sort of impermissible delegation of the power of eminent domain from the city council to city's department of housing and community development that would violate this section. 76 H. 46, 868 P.2d 1193.
HI Rev Stat § 101-14 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-14 Plaintiff.

 §101-14 Plaintiff. The attorney general of the State may, at the request of the head of any department of the State, or as otherwise provided by law, institute proceedings for the condemnation of property as provided for in this part. Any county may institute proceedings in the name and on behalf of the county for the condemnation of property within the county for any of the purposes provided in this part which are within the powers granted to the county. [L 1896, c 45, §4; am L 1917, c 108, §2; RL 1925, §816; RL 1935, §58; RL 1945, §309; am L 1947, c 200, §1(b); am L 1951, c 12, §1(i); RL 1955, §8-12; HRS §101-14] Cross References  Hawaiian homes commission may institute proceedings in own name, see HHCA §221. Case Notes  Proceeding by Territory to be in name of Territory. 20 H. 365.  Legislative delegation of authority to determine necessity of taking implied. 43 H. 253.
HI Rev Stat § 101-15 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-15 Complaint; defendants.

 §101-15 Complaint; defendants. Actions under and by virtue of this part, shall be commenced by filing a complaint and issuing a summons thereon. All persons who are owners or claimants of the property sought to be condemned shall be joined as defendants. In case the owner or claimant is unknown to plaintiff, it shall be sufficient if the complaint includes a statement of that fact, and the defendant may be joined in the complaint under a fictitious name. In the event there is a class of persons owning or claiming some interest in the property sought to be condemned, who are too numerous to be served by personal service of the summons, or who would have to be ascertained by examination into the possible claims of a group of persons too numerous to permit identification of the defendants, the complaint may include a statement of that fact and the defendants may be joined in the complaint by describing them as a class, and in such case it shall be unnecessary to state in the complaint that the owners or claimants are unknown to the plaintiff. [L 1896, c 45, pt of §8; RL 1935, pt of §59; am L 1941, c 38, §1; RL 1945, pt of §310; RL 1955, §8-13; HRS §101-15] Case Notes  Petition requirements. 3 U.S.D.C. Haw. 649.  An owner registered in bureau of conveyances is not unknown and must be personally served. 32 H. 745.  Variance of use and purpose between petition and final order, reversible error. 38 H. 592.  Cited: 20 H. 365, 369; 35 H. 608, 666.
HI Rev Stat § 101-16 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-16 Complaint; additional contents; map.

 §101-16 Complaint; additional contents; map. The complaint shall also contain a statement of the use to which the land sought to be condemned is to be put, a description of each and every piece of land sought to be condemned, and whether the same includes the whole or only a part of an entire tract or parcel. A map shall accompany the complaint which shall correctly delineate the land sought to be condemned and its location. [L 1896, c 45, pt of §8; RL 1945, pt of §310; RL 1955, §8-14; HRS §101-16] Case Notes  Cited: 35 H. 608, 666.
HI Rev Stat § 101-17 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-17 Different properties in one action.

 §101-17 Different properties in one action. All property necessary for any public use may be united in one action. [L 1896, c 45, §10; RL 1945, pt of §310; RL 1955, §8-15; HRS §101-17]
HI Rev Stat § 101-18 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-18 Joint or consolidated actions by governmental agencies.

 §101-18 Joint or consolidated actions by governmental agencies. Whenever two or more parcels of real property, or different interests in the same parcel of real property or improvements on real property or personal property in connection therewith, are to be acquired by eminent domain proceedings by two or more governmental agencies, and the properties to be so acquired are contiguous or are so interrelated that the taking of one of the properties or interests by one agency or the improvement contemplated in connection with the taking may affect the amount of the award which may be adjudged for the other of the properties, or vice versa, proceeding for the taking may be consolidated or the taking may be effected in one action brought in the name of one or more of the governmental agencies concerned in the taking pursuant to an agreement between the agencies. In such case the awards, when made, shall be apportioned in such manner as is agreed upon between the agencies, or, if not determined by agreement, then the apportionment shall be made by the court in such manner as it deems equitable, based upon the evidence given in the action or upon the same and such additional evidence as may be necessary or proper to determine the apportionment.  As used in this section, the term "governmental agency" includes the State, and any county, and any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county.  Notwithstanding any other provision of law to the contrary, any governmental agency having by law the power to acquire any properties by the exercise of the power of eminent domain, may enter into agreements with any other governmental agency to effect the consolidation or to join in one action for the acquisition of the properties as provided in this section. [L 1953, c 147, § §1-3; RL 1955, §8-16; HRS §101-18]
HI Rev Stat § 101-19 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-19 Amendments of complaints, citations.

 §101-19 Amendments of complaints, citations. In all proceedings under this part the court shall have power at any stage of the proceeding to allow amendments in form or substance in any complaint, citation, summons, process, answer, motion, order, verdict, judgment, or other proceeding, including amendment in the description of the lands sought to be condemned, whenever the amendment will not impair the substantial rights of any party in interest. [L 1937, c 184, §1; RL 1945, pt of §310; RL 1955, §8-17; HRS §101-19] Case Notes  Cited: 42 H. 415, 435.
HI Rev Stat § 101-20 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-20 Notice.

 §101-20 Notice. When the owner or claimant of the land sought to be condemned is known, the summons shall be served by delivering to the owner or claimant, or to an agent authorized by appointment or by law to receive service of process, a certified copy thereof, together with a copy of the plaintiff's complaint. If the owner or claimant, although known, was never a resident of the State or has removed therefrom or cannot for any reason be served with process within the State, or if the owner or claimant is unknown, then the service of the summons upon the owner or claimant may be made in the manner provided by sections 634-23, 634-24, and 634-26. If the defendants are joined in the complaint by describing them as a class, then the service of the summons upon the defendants may be made by publication in a newspaper of general circulation in the county in which the property is situated, in the manner provided by sections 634-23(3) and 634-26, and by giving such further notice as the court may order. The service of summons, as provided for in this section, shall be sufficient to give the court jurisdiction to proceed with and finally determine the case. [L 1896, c 45, §9; RL 1925, §818; RL 1935, §60; am L 1937, c 184, §2; am L 1941, c 38, §2; RL 1945, §311; RL 1955, §8-18; am L 1959, c 19, §1; HRS §101-20; am L 1973, c 30, §1; gen ch 1985] Case Notes  Owner of a recorded title is known. 32 H. 745.  Cited: 3 U.S.D.C. Haw. 649, 656.
HI Rev Stat § 101-21 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-21 Intervenors.

 §101-21 Intervenors. Any person in occupation of or having any claim or interest in any property sought to be condemned or in the damages for the taking thereof though not named in the complaint, may appear, plead, and defend in respect to the person's own property or interest, in like manner as if named in the complaint. [L 1896, c 45, §11; RL 1925, §819; RL 1935, §61; RL 1945, §312; RL 1955, §8-19; HRS §101-21; gen ch 1985] Rules of Court  Intervention, see HRCP rule 24. Case Notes  Grantee from owner takes land subject to proceedings in condemnation. 61 F.2d 896.  One who purchases during action and makes no claim to compensation awarded to owner is bound by result. 31 H. 781, aff'd 61 F.2d 896.  "Person in occupation" means an occupant whose right of occupancy is sought to be taken. 50 H. 501, 443 P.2d 140.  This section limits the right to intervene to a person in occupation or having a claim or interest in the property sought to be taken or in the damages for the taking. 50 H. 501, 443 P.2d 140.  "Claim or interest" means prima facie claim or interest under section and HRCP 24(a)(1). 54 H. 56, 502 P.2d 378.  Court has no discretion to deny intervention to applicant who meets all requirements. 54 H. 56, 502 P.2d 378.  Court had discretion to allow lessees of property to be condemned to appear as parties. 68 H. 55, 704 P.2d 888.  Cited: 30 H. 1, 5.
HI Rev Stat § 101-22 (2021)
2021 Hawaii Revised Statutes|Title 9. Public Property, Purchasing and Contracting|101. Eminent Domain|101-22 Decision.

 §101-22 Decision. The court may determine all adverse or conflicting claims to the property sought to be condemned and to the compensation or damages to be awarded for the taking of the property. [L 1896, c 45, §12; RL 1925, §820; RL 1935, §62; RL 1945, §313; RL 1955, §8-20; HRS §101-22]