§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 every nature. [L 1896, c 45, §3; am L 1898, c 62, §1; RL 1925, §811; RL 1935, §53; RL 1945, §304; am L 1951, c 12, §1(e); RL 1955, §8-6; HRS §101-6]
Case Notes
Prior to statute change of grade of street not held to be taking of property without compensation. 7 H. 470.
Right of eminent domain does not extend to public property. 38 H. 329.
Access rights are property. 44 H. 343, 354 P.2d 981.
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.