§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.
Structure Hawaii Revised Statutes
Title 9. Public Property, Purchasing and Contracting
101-2 Taking private property for public use; disposal of excess property.
101-3 Entry upon private property by agreement.
101-4 Right of eminent domain granted to public utilities and others.
101-5 Fee simple or lesser estate may be acquired.
101-6 What property may be taken.
101-8 Entering and surveying land.
101-10 Circuit courts have jurisdiction.
101-11 Procedure as in civil actions.
101-13 Exercise of power by county.
101-16 Complaint; additional contents; map.
101-17 Different properties in one action.
101-18 Joint or consolidated actions by governmental agencies.
101-19 Amendments of complaints, citations.
101-24 Assessed as of day of summons.
101-25 Payment of judgment, penalties.
101-26 Final order of condemnation.
101-27 Defendant allowed damages upon abandonment or dismissal of proceedings.
101-28 Possession pending action; immediate occupation by plaintiff.
101-29 Possession pending action; alternative procedure.
101-31 Payment of estimated compensation; effect thereof.
101-32 Possession pending appeal.
101-33 Allowance of interest, etc.
101-34 Issue as to use may be set for immediate trial.
101-35 Tax official as party; certificates, etc.
101-36 Certificate of deposit of moneys in court; notice of lien.
101-37 Payment of taxes out of deposit.
101-38 Further certificate of possession.
101-39 Effect of abandonment of eminent domain proceedings.
101-41 Special power of eminent domain.
101-43 Requirements prior to exercise of power.
101-44 Right-of-way lapses when.
101-52 Proceedings authorized.
101-53 Property already appropriated to a public purpose.
101-54 Part I provisions adopted; consolidation of proceedings.
101-71 Taking private personal property for public use.
101-72 Negotiated purchase of private personal property under threat of condemnation.