Hawaii Revised Statutes
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.

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 9. Public Property, Purchasing and Contracting

101. Eminent Domain

101-1 Definitions.

101-2 Taking private property for public use; disposal of excess property.

101-3 Entry upon private property by agreement.

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 o...

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.

101-7 Superior public use.

101-8 Entering and surveying land.

101-9 Actions; priority.

101-10 Circuit courts have jurisdiction.

101-11 Procedure as in civil actions.

101-12 Evidence.

101-13 Exercise of power by county.

101-14 Plaintiff.

101-15 Complaint; defendants.

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.

101-20 Notice.

101-21 Intervenors.

101-22 Decision.

101-23 Damages assessed, how.

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.

101-30 Order of possession.

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.

101-42 Rights-of-way.

101-43 Requirements prior to exercise of power.

101-44 Right-of-way lapses when.

101-51 Definitions.

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.