United States — Hawaii
HRS § 101-24 - Assessed as of day of summons
1 provisions
For compensation and damages, value is measured as of the summons date, and later improvements are not counted.
Act or statute Open & Chat
United States — Hawaii Statutes
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United States — Hawaii
HRS § 101-25 - Payment of judgment, penalties
1 provisions
The plaintiff must pay the judgment amount within two years and mail written notice after payment; the court clerk distributes the money.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-26 - Final order of condemnation
1 provisions
After the required payments are made, the court must issue a final condemnation order and the described property then vests in the plaintiff.
Order Open & ChatUnited States — Hawaii
HRS § 101-27 - Defendant allowed damages upon abandonment or dismissal of proceedings
1 provisions
If an eminent-domain proceeding is abandoned or ends without the property being finally taken, the defendant can recover damages, costs, attorney’s fees, and other reasonable expenses, and the property must be returned.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-28 - Possession pending action; immediate occupation by plaintiff
1 provisions
After summons, the court may let the plaintiff take possession of the condemned land and do needed work, if the plaintiff moves for it and the defendant is notified.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-29 - Possession pending action; alternative procedure
1 provisions
The State or a county may use a special possession procedure in a condemnation action, but the court can issue the possession order only after the motion, proof, and estimated payment requirements are met.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-3 - Entry upon private property by agreement
1 provisions
If the State or a county enters private property by agreement to acquire it, it must put the agreement in writing, file it promptly, and finish its part within two years of filing.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-3.5 - Priority for lessees dislocated by condemnation proceedings
1 provisions
Certain commercial or industrial lessees displaced by eminent domain get a right of first refusal to lease designated relocation property.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-30 - Order of possession
1 provisions
A plaintiff must pay the required compensation or damages to the court clerk before an order of possession can issue, and may also have to pay or secure an additional amount if the plaintiff is not the State or a county.
Order Open & ChatUnited States — Hawaii
HRS § 101-31 - Payment of estimated compensation; effect thereof
1 provisions
The court may order deposited estimated compensation or damages paid out early to entitled parties, but an additional deposit cannot be paid to a party without the plaintiff’s consent.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-32 - Possession pending appeal
1 provisions
The plaintiff may get possession of condemned land after payment, and the court must issue the possession order; the defendant may later claim payment if the stated conditions are met.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-33 - Allowance of interest, etc.
1 provisions
If a plaintiff is put into possession under the listed sections, the final judgment must include interest as part of compensation and damages, but interest is not allowed on amounts paid to the court clerk except in a plaintiff appeal situation.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-34 - Issue as to use may be set for immediate trial
1 provisions
If the defendant disputes whether the taking is for a public or superior public use, any party may move for immediate trial, and the defendant may take an interlocutory appeal as of right.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-35 - Tax official as party; certificates, etc.
1 provisions
In certain eminent domain cases, tax officials must not be joined as party respondents just because of tax liens, and the plaintiff must give them copies of the complaint and any amended complaint.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-36 - Certificate of deposit of moneys in court; notice of lien
1 provisions
In an eminent domain case, the plaintiff or its attorney must certify court deposits and key dates, and the tax official must certify the lien amount; county finance officials may remit the related real property taxes.
Notice Open & ChatUnited States — Hawaii
HRS § 101-37 - Payment of taxes out of deposit
1 provisions
The clerk must pay certified taxes, penalties, and interest from court funds, and must not distribute those funds without required consent unless the certificate has been furnished.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-38 - Further certificate of possession
1 provisions
If possession is obtained in certain eminent domain cases, the plaintiff or its attorney must certify the possession date to the tax director, and tax officials may remit the taxes.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-39 - Effect of abandonment of eminent domain proceedings
1 provisions
If condemnation proceedings are abandoned or fail to reach the required final orders or judgment, the remitted taxes must be restored to the tax rolls and paid within 10 days after notice, or they become delinquent.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-4 - Right of eminent domain granted to public utilities and others
1 provisions
Certain public utilities and designated corporations are granted the right and power of eminent domain, but only under the conditions and procedures in this part.
Act or statute Open & ChatUnited States — Hawaii
HRS § 101-41 - Special power of eminent domain
1 provisions
Certain irrigation corporations with at least $50,000 in paid-in capital have the right to exercise eminent domain.
Act or statute Open & Chat