reglab/statecodes huggingface dataset:
2023 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]
2023 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]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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]
2023 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]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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]
2023 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]
2023 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.
2023 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.
2023 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.
2023 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]
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-41 Special power of eminent domain.

§101-41 Special power of eminent domain.
Corporations organized to develop, store, convey, distribute, and transmit water for irrigation, and which shall have at least $50,000 of fully paid in capital represented by cash or by tangible property of a market value equal to the amount at which the property is entered as assets on the books of the company, shall have the right to exercise the power of eminent domain as hereinafter provided. [L 1911, c 124, §1; RL 1925, §828; RL 1935, §71; RL 1945, §323; RL 1955, §8-38; HRS §101-41]
Case Notes
Cited: 74 F.2d 596, 601; 36 H. 692, 694, 698.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-42 Rights-of-way.

§101-42 Rights-of-way.
Such corporations shall have the right to condemn rights-of-way over lands and property for ditches, tunnels, flumes and pipelines necessary or proper for the construction and maintenance of a system for conveying, distributing, and transmitting water for irrigation, fluming, mill use, generation of electricity, and domestic purposes; provided that no such corporation shall exercise the right of condemnation in more than one county. [L 1911, c 124, §2; RL 1925, §829; RL 1935, §72; am L 1943, c 186, §1; RL 1945, §324; RL 1955, §8-39; HRS §101-42]
Case Notes
Cited: 74 F.2d 596, 601.
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-43 Requirements prior to exercise of power.

§101-43 Requirements prior to exercise of power.
Any corporation having the power of eminent domain under section 101-41 may continue to exercise the power, provided that prior to the exercise of the power:
(1) The corporation submits to the public utilities commission its intention to exercise the power, with a description of the property to be condemned; and
(2) The public utilities commission finds that the proposed condemnation is in the public interest, that the proposed condemnation is necessary, and that the corporation will use the property for its operations as a public utility. [L 1961, c 134, pt of §6; Supp, §8-39.5; HRS §101-43]
2023 Hawaii Revised Statutes › Title 9. Public Property, Purchasing and Contracting › 101. Eminent Domain › 101-44 Right-of-way lapses when.

§101-44 Right-of-way lapses when.
Any right-of-way which is obtained under sections 101-41 and 101-42 shall lapse and immediately revert to the previous owner thereof in either of the following events:
(1) If the corporation fails during a period of one year, at any time after acquiring the property, to use the right-of-way for the purposes herein set forth; or
(2) If the corporation uses or diverts or sells any of the water which is conducted through the right-of-way for a purpose other than irrigation, fluming, mill use, generation of electricity, and domestic purposes, as well as for the watering of livestock and industrial use if the industrial use does not exceed five per cent of the water conducted through the right-of-way. [L 1911, c 124, §4; RL 1925, §831; RL 1935, §74; am L 1943, c 186, §2; RL 1945, §326; RL 1955, §8-40; HRS §101-44]