Revision Note

Section "641-1" substituted for "641-2".

Case Notes

Interlocutory appeal is a matter of right on the issue of public use. 44 H. 7, 352 P.2d 333. Appeal under section. 46 H. 279, 378 P.2d 882.

Trial should be held under this section with respect to issue of public use, rather than decide constitutionality of a statute by summary judgment. 65 H. 465, 653 P.2d 781.

Provides constitutional, adequate remedy to raise issue of public use in eminent domain proceedings under chapter 516. 72 H. 466, 822 P.2d 955.

Supreme court has jurisdiction under this section to hear appeal from order granting partial summary judgment in matter involving exercise of power of eminent domain. 79 H. 64, 898 P.2d 576.

Cited: 39 H. 545, 547.