§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 for the acquisition by the State or county, as the case may be, of public property required for public uses which are under the officer's or county's jurisdiction and control. The circuit courts may try and determine the proceedings without a jury, subject only to an appeal in accordance with chapter 602, in the manner provided for civil appeals from the circuit courts. The circuit court, on its own motion or on motion of any party, may try and determine any issue in the case in advance of other issues. Compensation or damages shall be paid by the condemning authority for the condemnation of any public property taken under this chapter. [L 1949, c 377, pt of §1; RL 1955, §8-51; am L 1957, c 160, §1; HRS §101-52; am L 1973, c 30, pt of §5; am L 2004, c 202, §12; am L 2006, c 94, §1; am L 2010, c 109, §1]
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.