Possession pending action; alternative procedure
HRS §101-29
in effect101-29. Possession pending action; alternative procedure
Where the plaintiff is the State or any county, the following alternative procedure may be followed. At any time after the commencement of an action pursuant to this part, the State or any county may file a motion for an order of possession invoking this section and supported by an affidavit alleging, or by oral evidence prima facie showing:
(1) The right of the State or county to maintain the
action;
(2) The public use for which the real property sought
to be condemned is being taken; and
(3) The sum of money estimated by the State or county
to be just compensation or damages for the taking of the real property.
Upon such motion and upon payment of such
estimated sum of money to the clerk of the court for the use of the persons
entitled thereto, the court shall issue an order ex parte putting the State or
county in possession of the real property sought to be condemned and permitting
the State or county to do such work thereon as may be required for the purpose
for which the taking of the property is sought. The order placing the State or
county in possession shall become effective upon the expiration of ten days
after service thereof; provided that for good cause shown within the ten days,
the court may vacate or modify the order or postpone the effective date thereof
for an additional period of time. Service of the order shall be made
personally on those defendants who are in actual possession, and in other cases
may be made by depositing a copy thereof in a United States post office,
postage prepaid, registered mail addressed to the defendants at their last
known addresses, or to their attorneys of record.
[L 1951, c 12, pt of §1(l);
RL 1955, §8-27; HRS §101-29]
Source: Hawaii State Legislature (capitol.hawaii.gov), via Internet Archive capturesURL: http://www.capitol.hawaii.gov/hrscurrent/Vol02_Ch0046-0115/HRS0101/HRS_0101-0029.htmFetched: 11/10/2026