Report Title:

Eminent Domain

Description:

Requires condemning authority to make offer of settlement.  Makes condemning authority liable for defendant's litigation expenses if offer rejected and court award is greater than offer.

HOUSE OF REPRESENTATIVES	H.B. NO.	1593
TWENTY-FOURTH LEGISLATURE, 2007
STATE OF HAWAII

A BILL FOR AN ACT

relating to eminent domain.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

     SECTION 1.  Chapter 101, Hawaii Revised Statutes, is amended by adding a new section to be appropriately designated and to read as follows:

     "§101-  Good faith offer of settlement; award of attorney's fees. (a)  Not later than forty-five days before the scheduled trial date on the issue of just compensation, the plaintiff shall file and serve on the defendant an offer of settlement.  Not more than five days after the date the offer of settlement is served, the party served shall respond by filing and serving upon the other party an acceptance or a counter offer of settlement.  The offer or counter offer must state that it is made under this section and specify the amount, exclusive of interest and costs, that the party serving the offer is willing to pay or accept, as the case may be, as just compensation and damages for the property sought to be acquired.  The offer or counter offer supersedes any other offer previously made by the party.  An offer of settlement is considered rejected unless an acceptance in writing is filed and served on the party making the offer.

(b)  If there is a trial and the amount of just compensation and damages awarded to the defendant by the judgment, exclusive of interest and costs, is greater than the amount specified in the plaintiff's offer of settlement in subsection (a), the court shall require the plaintiff to pay the defendant's litigation expenses, including reasonable attorney's fees, in an amount that does not exceed twenty-five per cent of the amount of the judgment, exclusive of interest and costs."

     SECTION 2.  This Act does not affect rights and duties that matured, penalties that were incurred, and proceedings that were begun, before its effective date.

     SECTION 3.  New statutory material is underscored.

     SECTION 4.  This Act shall take effect upon its approval.

INTRODUCED BY:

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