§101-15  Complaint; defendants.  Actionsunder and by virtue of this part, shall be commenced by filing a complaint andissuing a summons thereon.  All persons who are owners or claimants of theproperty sought to be condemned shall be joined as defendants.  In case theowner or claimant is unknown to plaintiff, it shall be sufficient if thecomplaint includes a statement of that fact, and the defendant may be joined inthe complaint under a fictitious name.  In the event there is a class ofpersons owning or claiming some interest in the property sought to becondemned, who are too numerous to be served by personal service of thesummons, or who would have to be ascertained by examination into the possibleclaims of a group of persons too numerous to permit identification of thedefendants, the complaint may include a statement of that fact and thedefendants may be joined in the complaint by describing them as a class, and insuch case it shall be unnecessary to state in the complaint that the owners or claimantsare unknown to the plaintiff. [L 1896, c 45, pt of §8; RL 1935, pt of §59; am L1941, c 38, §1; RL 1945, pt of §310; RL 1955, §8-13; HRS §101-15]

 

Case Notes

 

  Petition requirements.  3 U.S.D.C. Haw. 649.

  An owner registered in bureau of conveyances is not unknownand must be personally served.  32 H. 745.

  Variance of use and purpose between petition and final order,reversible error.  38 H. 592.

  Cited:  20 H. 365, 369; 35 H. 608, 666.