EMINENT
DOMAIN; RECORDING



 



§501-166  Eminent domain; recording
procedure.  Whenever any land of a registered owner, or any right or
interest therein, is taken by eminent domain, the State or body politic or
corporate or other authority exercising the right shall file for registration
with the assistant registrar a description of the registered land so taken,
giving the name of each owner thereof, referring by number and place of
registration in the registration book to each certificate of title, and stating
what estate or interest in the land is taken, and for what purpose.  A
memorandum of the right or interest taken shall be made on each certificate of
title by the assistant registrar, and where the fee simple is taken a new
certificate shall be entered to the owner for the land remaining to the owner
after the taking.  In any case where the owner has a lien upon the land taken
for the owner's damages, it shall be so stated in the memorandum of
registration.  All fees on account of any memorandum of registration or entry
of new certificates shall be paid by the State or body politic or corporate or
other authority taking the land. [L 1903, c 56, §90; RL 1925, §3279; RL 1935,
§5087; RL 1945, §12687; RL 1955, §342-87; HRS §501-166; gen ch 1985]



 



Rules of Court



 



  New certificate of title, see RLC rule 59(l).



 



Case Notes



 



  Cited re state supreme court's relocation of seaward boundary
of land.  402 F. Supp. 95.



  Issuance of new certificate to reflect acquisition by
condemnation may be compelled.  31 H. 781, aff'd 61 F.2d 896.