§101-21  Intervenors.  Any person in
occupation of or having any claim or interest in any property sought to be
condemned or in the damages for the taking thereof though not named in the
complaint, may appear, plead, and defend in respect to the person's own
property or interest, in like manner as if named in the complaint. [L 1896, c
45, §11; RL 1925, §819; RL 1935, §61; RL 1945, §312; RL 1955, §8-19; HRS
§101-21; gen ch 1985]



 



Rules of Court



 



  Intervention, see HRCP rule 24.



 



Case Notes



 



  Grantee from owner takes land subject to proceedings in
condemnation.  61 F.2d 896.



  One who purchases during action and makes no claim to
compensation awarded to owner is bound by result.  31 H. 781, aff'd 61 F.2d
896.



  "Person in occupation" means an occupant whose
right of occupancy is sought to be taken.  50 H. 501, 443 P.2d 140.



  This section limits the right to intervene to a person in
occupation or having a claim or interest in the property sought to be taken or
in the damages for the taking.  50 H. 501, 443 P.2d 140.



  "Claim or interest" means prima facie claim or
interest under section and HRCP 24(a)(1).  54 H. 56, 502 P.2d 378.



  Court has no discretion to deny intervention to applicant who
meets all requirements.  54 H. 56, 502 P.2d 378.



  Court had discretion to allow lessees of property to be
condemned to appear as parties.  68 H. 55, 704 P.2d 888.



  Cited:  30 H. 1, 5.