§101-30  Order of possession.  No order of possession shall issue unless the plaintiff has paid to the clerk of the court issuing the order, for the use of the persons entitled thereto, the amount of the estimated compensation or damages stated in the motion for the issuance of the order and, in the case of a plaintiff other than the State or a county, has so paid such additional amount, or furnished such additional security, as may be required by the court.

     An order of possession issued under section 101-29 shall not become effective until (1) summons in the action has been served personally on the defendants within or without the State, as provided in section 101-20 or section 634-24, or (2) the first publication of the summons directed to the defendants has occurred and notice has been posted as provided in section 634-23, or (3) the papers mailed to the defendants have been received as provided in section 634-24, or (4) the best notice practicable under the circumstances has been given as ordered by the court for good cause shown. [L 1937, c 184, pt of §5; RL 1945, §319, pt of subs 1; am L 1947, c 200, pt of §1(d); am L 1951, c 12, pt of §1(l); RL 1955, §8-28; HRS §101-30; am L 1973, c 30, §3]

Case Notes

  Remedy under section is adequate.  39 H. 53.

  Where the plaintiff county of Kauai ("county") sought to withdraw a portion of the estimated just compensation that had been deposited with the court following eminent domain proceedings, the circuit court did not abuse its discretion in allowing the county to withdraw a portion of the amount deposited.  The estimated just compensation had not been dispersed to the landowners when the county, which appeared to have acted in good faith, sought to adjust the estimate to accurately reflect the value of the property on the date of summons, and the adjustment did not impair the substantial rights of the landowners.  137 H. 471 (App.), 375 P.3d 250 (2016).