Chapter 101 — Chapter 101

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, including the board of water supply thereof, duly authorized to exercise the …

§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 advan…

§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]

§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 propert…

§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 cou…

§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 n…

§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 clai…

§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…

§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]

§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 d…

§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 proc…

§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 needed for such public use in cases where small remnants would otherwise be le…

§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 …

§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, i…

§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 …

§101-23 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 with all improvements thereon shall be assessed, and if any of the improvements are separately owned, the value t…

§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 …

§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 payme…

§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…

§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 is not finally taken for public use, a …

§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 p…

§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 action pursuant to this part, the State or any county may file a motion for an o…

§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 req…

§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…

§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 forth…

§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 or…

§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 1…

§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 wi…

§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 s…

§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 d…

§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 c…

§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 f…

§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 …

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 represented by cash or by tangible property of…

§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 i…

§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:

§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:

§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]

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 its own right and not owned by the United States. "Public property" …

§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, which is made applicable to this part, may file or cause to be filed a special proceeding fo…

§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 the petitioner it must appear that the use to which the property is sought…

§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 I are inconsistent with the express provisions of this part. Upon mot…

§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 ev…

§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 …

[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 personal property which it deems necessary…

§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 favo…

§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 a…