Hawaii Revised Statutes
101. Eminent Domain
101-35 Tax official as party; certificates, etc.

§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 shall be joined as party respondent merely on account of any lien for state taxes set forth in title 14 or for county real property taxes. The appropriate director or tax official, as the case may be, may intervene in the proceeding as provided by section 101-21. Upon filing the complaint the plaintiff shall furnish a copy thereof to the appropriate director or tax official and shall also furnish the appropriate director or tax official a copy of any amended complaint. [L 1939, c 211, pt of §3; RL 1945, pt of §320; RL 1955, §8-33; am L Sp 1959 2d, c 1, §16; HRS §101-35; gen ch 1985; am L 1995, c 155, §2]

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.