Hawaii Revised Statutes 101. Eminent Domain

PART I. CONDEMNATION OF PRIVATE PROPERTY

• 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,...
• 101-2 Taking Private Property for Public Use; Disposal of Excess Property.
  Private property may be taken for public use. Private property may also be taken by the State or any county in excess of that...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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,...
• 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;...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...
• 101-23 Damages Assessed, How.
  In fixing the compensation or damages to be paid for the condemnation of any property, the value of the property sought to be condemned...
• 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...
• 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...
• 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...
• 101-27 Defendant Allowed Damages Upon Abandonment or Dismissal of Proceedings.
  Whenever any proceedings instituted under this part are abandoned or discontinued before reaching a final judgment, or if, for any cause, the property concerned...
• 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...
• 101-29 Possession Pending Action; Alternative Procedure.
  Where the plaintiff is the State or any county, the following alternative procedure may be followed. At any time after the commencement of an...
• 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...
• 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...
• 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...
• 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,...
• 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...
• 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...
• 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...
• 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...
• 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...
• 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...

PART II. IRRIGATION CORPORATIONS

• 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...
• 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...
• 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...
• 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...

PART III. SPECIAL PROCEEDINGS RELATING TO
PUBLIC PROPERTY

• 101-51 Definitions.
  As used herein: "Public property" means real property (1) owned by a political subdivision of the State or (2) owned by the State in...
• 101-52 Proceedings Authorized.
  Any officer authorized to bring eminent domain proceedings under part I, and any county when thereunto authorized in the manner provided by section 101-13,...
• 101-53 Property Already Appropriated to a Public Purpose.
  Whenever the public property sought to be acquired has already been appropriated to some public purpose, in order that the property be acquired by...
• 101-54 Part I Provisions Adopted; Consolidation of Proceedings.
  The provisions of part I are adopted for and made applicable to the proceedings authorized by this part, except insofar as the provisions of...

PART IV. ACQUISITION OF PRIVATE PERSONAL PROPERTY

• 101-71 Taking Private Personal Property for Public Use.
  In connection with the taking for public use of private real property, the State or any county may take for a public use private...
• 101-72 Negotiated Purchase of Private Personal Property Under Threat of Condemnation.
  Any law requiring governmental purchase of personal property pursuant to competitive bidding to the contrary notwithstanding, private personal property, sought to be acquired under...

Last modified: October 27, 2016