ยง101-18 - Joint or consolidated actions by governmental agencies.
ยง101-18ย Joint or consolidated actions by
governmental agencies.ย Whenever two or more parcels of real property, or
different interests in the same parcel of real property or improvements on real
property or personal property in connection therewith, are to be acquired by
eminent domain proceedings by two or more governmental agencies, and the
properties to be so acquired are contiguous or are so interrelated that the
taking of one of the properties or interests by one agency or the improvement
contemplated in connection with the taking may affect the amount of the award
which may be adjudged for the other of the properties, or vice versa,
proceeding for the taking may be consolidated or the taking may be effected in
one action brought in the name of one or more of the governmental agencies
concerned in the taking pursuant to an agreement between the agencies.ย In such
case the awards, when made, shall be apportioned in such manner as is agreed
upon between the agencies, or, if not determined by agreement, then the
apportionment shall be made by the court in such manner as it deems equitable,
based upon the evidence given in the action or upon the same and such
additional evidence as may be necessary or proper to determine the
apportionment.
As used in this section, the term
"governmental agency" includes the State, and any county, and any
department, division, board, commission, public corporation, or other agency or
instrumentality of the State or of any county.
Notwithstanding any other provision of law to
the contrary, any governmental agency having by law the power to acquire any
properties by the exercise of the power of eminent domain, may enter into
agreements with any other governmental agency to effect the consolidation or to
join in one action for the acquisition of the properties as provided in this
section. [L 1953, c 147, ยงยง1-3; RL 1955, ยง8-16; HRS ยง101-18]