§101-25  Payment of judgment, penalties. 
The plaintiff shall within two years after final judgment pay the amount
assessed as compensation or damages and upon failure so to do all rights which
may have been obtained by the judgment shall be lost to the plaintiff; and if
such payment is delayed more than thirty days after final judgment, then
interest shall be added at the rate of five per cent a year.  The payment shall
be made to the clerk of the court rendering the judgment.  The plaintiff shall
within thirty days after the payment deposit in the mails of the United States
a written notice addressed to the defendants, who have filed answers or
appeared in court in the proceedings, or to their attorneys of record in the
proceedings, if so represented, at their last known address, that the payment
has been made, and the clerk of the court shall distribute the payment to those
entitled thereto in accordance with the order of the court.  If the plaintiff
fails to make the payment as aforesaid, the defendant shall be entitled to
recover judgment as provided in section 101-27.  If the plaintiff fails to give
written notice of the payment as aforesaid, interest shall be added on the
amount thereof at the rate of five per cent a year until the written notice is placed
in the mails or until the defendant receives from the clerk of court the amount
to which the defendant is entitled under the terms of the order of court,
whichever event shall first occur. [L 1896, c 45, §17; RL 1925, §823; RL 1935,
§65; am L 1937, c 184, §3; am L 1941, c 55, §1; RL 1945, §316; am L 1951, c 12,
§1(j); RL 1955, §8-23; HRS §101-25; gen ch 1985]



 



Case Notes



 



  Section does not apply to proceeding by U.S. 244 F. 923.
Statute is substance and not procedure, therefore not applicable.  Id.



  Interest.  4 U.S.D.C. Haw. 33.  Interest relates back to date
of judgment upon delay in payment of judgment.  45 H. 650, 372 P.2d 348.



  Final judgment means the judgment entered after disposition
of an appeal to the supreme court.  50 H. 237, 437 P.2d 321.



  Payment of post-judgment interest on award of fair market
value in leasehold condemnation.  72 H. 383, 819 P.2d 82.



  Cited:  4 U.S.D.C. Haw. 748; 30 H. 1, 6; 31 H. 781, 784; 48
H. 349, 353, 402 P.2d 683.