§101-21  Intervenors.  Any person inoccupation of or having any claim or interest in any property sought to becondemned or in the damages for the taking thereof though not named in thecomplaint, may appear, plead, and defend in respect to the person's ownproperty or interest, in like manner as if named in the complaint. [L 1896, c45, §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 incondemnation.  61 F.2d 896.

  One who purchases during action and makes no claim tocompensation awarded to owner is bound by result.  31 H. 781, aff'd 61 F.2d896.

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

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

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

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

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

  Cited:  30 H. 1, 5.