§101-15  Complaint; defendants.  Actions
under and by virtue of this part, shall be commenced by filing a complaint and
issuing a summons thereon.  All persons who are owners or claimants of the
property sought to be condemned shall be joined as defendants.  In case the
owner or claimant is unknown to plaintiff, it shall be sufficient if the
complaint includes a statement of that fact, and the defendant may be joined in
the complaint under a fictitious name.  In the event there is a class of
persons owning or claiming some interest in the property sought to be
condemned, who are too numerous to be served by personal service of the
summons, or who would have to be ascertained by examination into the possible
claims of a group of persons too numerous to permit identification of the
defendants, the complaint may include a statement of that fact and the
defendants may be joined in the complaint by describing them as a class, and in
such case it shall be unnecessary to state in the complaint that the owners or claimants
are unknown to the plaintiff. [L 1896, c 45, pt of §8; RL 1935, pt of §59; am L
1941, 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 unknown
and 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.